LIBBY v. EIGHTH JUD. DIST. CT.

No. 59688.

325 P.3d 1276 (2014)

Eugene P. LIBBY, D.O., Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, in and for the County of Clark; and the Honorable Jerry A. Wiese, District Judge, Respondents, and Megan Hamilton, Real Party in Interest.

Supreme Court of Nevada.

May 29, 2014.


Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith, LLP, and S. Brent Vogel and Erin E. Dart , Las Vegas, for Petitioner.

Potter Law Offices and Cal J. Potter, III , Las Vegas, for Real Party in Interest.

BEFORE GIBBONS, C.J., PICKERING, HARDESTY, PARRAGUIRRE, DOUGLAS, CHERRY and SAITTA, JJ.


OPINION

PER CURIAM:

Nevada's medical malpractice statute of limitations, NRS 41A.097(2), provides that an action against a health care provider must be filed within one year of the injury's discovery and three years of the injury date. In the underlying district court action, Megan Hamilton brought a claim for injury against Dr. Eugene Libby more than three years after she discovered that a serious infection persisted in her knee, despite Dr. Libby...

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