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TAM v. EIGHTH JUD. DIST. CT.

No. 66346.

358 P.3d 234 (2015)

Stephen TAM, M.D., 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 Sherry Cornell, Individually and as Special Administrator of the Estate of Charles Thomas Cornell, Jr.; Karla Crawford, as Special Administrator of the Estate of Charles Thomas Cornell, Jr.; Patrick N. Chapin, as Special Administrator of the Estate of Charles Thomas Cornell, Jr.; and Alfredo Hibbart, PA, Real Parties in Interest.

Supreme Court of Nevada.

October 1, 2015.

Attorney(s) appearing for the Case

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

Law Office of Bradley L. Booke and Bradley L. Booke , Las Vegas; Shandor S. Badaruddin , Missoula, Montana, for Real Parties in Interest Sherry Cornell, Karla Crawford, and Patrick N. Chapin.

Carroll, Kelly, Trotter, Franzen, McKenna & Peabody and Robert C. McBride , Las Vegas, for Real Party in Interest Alfredo Hibbart.

Before the Court En Banc.

OPINION

NRS 41A.035 (2004) limits the recovery of a plaintiffs noneconomic damages in a healthcare provider's professional negligence action to $350,000. In this petition, we resolve three issues related to this statute: whether the statute violates a plaintiff's right to trial by jury, whether the...

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