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KUSHNIR v. EIGHTH JUDICIAL DISTRICT COURT

No. 81779-COA.

495 P.3d 137 (2021)

137 Nev. Adv. Opn. 41

Christina KUSHNIR, M.D.; and Women's Care Center of Nevada, Inc., Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Tierra Danielle Jones, District Judge, Respondents, and The Estate of Carol A. Gaetano, Deceased; and Vincent Garbitelli, Administrator, Real Parties in Interest.

Court of Appeals of Nevada.

FILED August 5, 2021.

Attorney(s) appearing for the Case

McBride Hall and Robert C. McBride and Heather S. Hall , Las Vegas, for Petitioners.

Heaton & Associates and Jared F. Herling , Las Vegas, for Real Parties in Interest.

BEFORE THE COURT OF APPEALS, GIBBONS, C.J., TAO and BULLA, JJ.

OPINION1

Pursuant to NRS 41A.097(2), a medical malpractice action against a health care provider must be filed within one year of the injury's discovery or three years of the date of injury, whichever occurs first. NRS 41A.097(3) permits tolling of both limitations periods "for any period during...

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