MOUNTAINVIEW HOSPITAL v. DIST. CT.

No. 57502.

273 P.3d 861 (2012)

MOUNTAINVIEW HOSPITAL, INC.; Jason E. Garber, M.D.; and Jason E. Garber, M.D., Ltd., Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK; and the Honorable Stefany Miley, District Judge, Respondents, and Laura Rehfeldt; and Edward Rehfeldt, Real Parties in Interest.

Supreme Court of Nevada.

April 5, 2012.


Attorney(s) appearing for the Case

Hall Prangle & Schoonveld, LLC, and John F. Bemis , Kenneth M. Webster , and Michael T. Koptik , Las Vegas, for Petitioner Mountain View Hospital, Inc.

Lewis Brisbois Bisgaard & Smith, LLP, and Keith A. Weaver and Michael J. Shannon , Las Vegas, for Petitioners Jason E. Garber, M.D.; and Jason E. Garber, M.D., Ltd.

Roger P. Croteau & Associates, Ltd., and Roger P. Croteau and Timothy E. Rhoda , Las Vegas, for Real Parties in Interest.

BEFORE DOUGLAS, HARDESTY and PARRAGUIRRE, JJ.


OPINION

By the Court, HARDESTY, J.:

In this petition for extraordinary writ relief, we are asked to consider whether a plaintiff has complied with the affidavit requirement in a medical malpractice action when a medical expert's opinion letter attached to the plaintiffs complaint does not include a jurat,1 and there is no declaration from the medical expert in either the opinion...

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