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CUMMINGS v. BARBER

No. 76972.

460 P.3d 963 (2020)

Melissa CUMMINGS, Appellant, v. Annabel E. BARBER, M.D., Individually; and University Medical Center, a Nevada Entity, Respondents.

Supreme Court of Nevada.

FILED April 2, 2020.

Attorney(s) appearing for the Case

Kirk T. Kennedy , Las Vegas, for Appellant.

Carroll, Kelly, Trotter, Franzen, McBride & Peabody and Heather S. Hall and Robert C. McBride , Las Vegas, for Respondent Annabel E. Barber, M.D.

Pitegoff Law Office Inc. and Jeffrey I. Pitegoff , Las Vegas, for Respondent University Medical Center.

BEFORE PARRAGUIRRE, HARDESTY and CADISH, JJ.

OPINION

Nevada's res ipsa loquitur statute carves out factual circumstances where a plaintiff need not present expert testimony to establish negligence in a medical malpractice case. Central to this appeal is NRS 41A.100(l)(a), which carves out one such exception where a foreign substance is unintentionally...

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