Personal Injury Law

RAND Study Finds Correlation Between Hospital Safety and Malpractice Suits

Posted on April 20, 2010
In the first study of its kind, the RAND Institute for Civil Justice (ICJ) found that as adverse events in hospitals decreased, medical malpractice claims decreased as well. While the study may seem to prove the obvious, no evidence affirming such a correlation had previously been documented...

Nevada Supreme Court Clarifies Sudden Emergency Jury Instruction

Posted on April 16, 2010
In Posas v. Hortan, 126 Nev. Adv. Op. No. 12 (April 15, 2010), the Nevada Supreme Court addressed when it is appropriate for a sudden emergency instruction to be given to a jury. The case arose from an automobile accident. Nicole Horton rear-ended Amelia Posas when Posas stopped suddenly for a jaywalking pedestrian pushing a stroller...

Privacy Concerns at UMC Arise Over Patient Information

Posted on March 22, 2010
The Las Vegas Sun reports that a state health investigation uncovered questionable procedures surrounding disposal of patient information at University Medical Center in Clark County. ... state health authorities have discovered an unknown number of unidentified people have keys to locked bins at the hospital where patient information sheets are deposited for shredding...

Massive HVP Recall Affects Hundreds of Food Products

Posted on March 19, 2010
Hydrolyzed vegetable protein (HVP) is a flavor enhancer contained in a large amount of processed foods. The FDA has been investigating the finding of salmonella in HVP manufactured in Las Vegas, by Basic Food Flavors, Inc. The contaminated HVP affects hundreds of food products, but no reports of illness have been reported to the FDA...

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Highways Getting Safer? USDOT: 2009 Traffic Fatalities Reach Record Low

Posted on March 15, 2010
The National Highway Traffic Safety Administration issued a press release on Thursday, March 11, announcing that "the number of overall traffic fatalities reported at the end of 2009 reached the lowest level since 1954, declining for the 15th consecutive quarter...

First Amendment Does Not Prohibit Restrictions on Brothel Advertising

Posted on March 12, 2010
The Las Vegas Sun reports that the Ninth Circuit Court of Appeals upheld a Nevada law restricting advertising for brothels. The law was challenged under the First Amendment for violating the right to free speech. The Nevada law prohibits brothels from advertising in any county where the sale of sexual services is prohibited by state law or local ordinance...

NRS 41.133 Liability Does Not Abrogate Comparative Negligence

Posted on March 11, 2010
NRS 41.133 states that when "an offender has been convicted of the crime which resulted in the injury to the victim, the judgment of conviction is conclusive evidence of all facts necessary to impose civil liability for the injury." In Cromer v...

Reno Traffic Safety Campaign Focuses on Bicyclists

Posted on March 09, 2010
According to the Reno Gazette Journal, the Reno Police are relaunching a $36,000 campaign to increase traffic safety. Under the campaign, pedestrians and bicyclists may receive citations for violating safety laws. Reno Wheelmen official Spencer Ericksen estimates that 25 percent of bicyclists regularly break traffic laws...

Nevada Supreme Court Addresses Equitable Indemnity/Contribution Limitations Period

Posted on March 04, 2010
The Nevada Supreme Court addressed the applicability of NRS 41A.097, Nevada's medical malpractice statute of limitations, to equitable indemnity and contribution claims. In Saylor v. Arcotta, 126 Nev. Adv. Op. No. 9 (March 4, 2010), a taxicab passenger was injured when his cab was in an accident...

Nevada Assembly Rejects Proposal to Photograph Uninsured Motorists

Posted on February 25, 2010
22% of Nevada motorists are uninsured, according to Jim Gibbons' chief of staff, Robin Reedy. According to Chicago company InsuredNet, Nevada could raise $30 million by using InsuredNet's system of photographing license plates to identify uninsured and unregistered vehicles...

Avandia Controversy: Senate Report Says Drugmaker Had Duty to Warn of Heart Risks

Posted on February 23, 2010
Avandia, a drug produced by GlaxoSmithKline (GSK) and used to control Diabetes, was the subject of a Senate report released Saturday. Among the report's finding was that "The totality of evidence suggests that GSK was aware of the possible cardiac risks associated with Avandia years before such evidence became public...

21st Century Learning Environment, or Illegal Wiretapping?

Posted on February 19, 2010
A class action lawsuit has been filed in a Philadelphia suburb against a school district that provided students with laptops installed with webcams. The problem? The 2,300 laptops' webcams were remotely accessible by school officials. According to Law...

Texas Nurse Acquited at Trial for Reporting Doctor's Unsafe Practice

Posted on February 16, 2010
A Texas nurse who notified the state medical board of a doctor's unsafe practices found herself on trial for a third-degree felony with the possibility of up to ten years in jail and up to a $10,000 fine. The prosecution's theory? The charge was for "misuse of official information," and the prosecution claimed that nurse Anne Mitchell used "her position to obtain and disseminate confidential information -- patient file numbers -- in her letter to the medical board with the intent of harming Dr...

Illinois Cap on Medical Malpractice Damages Unconstitutional

Posted on February 04, 2010
Since 2004, Nevada statute has limited jury awards in medical malpractice actions to $350,000 for noneconomic damages, such as pain and suffering. Illinois has a similar statute, which limits noneconomic damages to $500,000 for doctors and $1 million for hospitals...

Commercial Drivers Prohibited from Texting While Driving

Posted on February 04, 2010
In further attempts to combat the dangers of distracted driving, The U.S. Dept. of Transportation has prohibited commercial drivers from texting while driving. Commercial drivers include drivers of interstate buses and trucks over 10,000 pounds. Drivers who violate the ban may be subject to civil or criminal penalties of up to $2,750...

Cell Phone and Texting Bans Increasing by State

Posted on February 02, 2010
As of February 2010, according to the Governor's Highway Safety Association, many states prohibit or limit the use of cell phones while driving. The GHSA reports the state laws currently in effect: Handheld Cell Phone Bans for All Drivers: 6 states (California, Connecticut, New Jersey, New York, Oregon and Washington), the District of Columbia and the Virgin Islands prohibit all drivers from talking on handheld cell phones while driving...

FocusDriven to Raise Awareness of Distracted Driving

Posted on February 02, 2010
The National Safety Council and the U.S. Dept. of Transportation announced a new, non-profit advocacy group, FocusDriven. The advocacy group's mission is to "Support victims of cell phone distracted driving and families of victims, and increase public awareness of the dangers of cell phone distracted driving by putting a human face on the disastrous impact of this behavior, in order to promote corresponding public policies, programs and personal responsibility...

Affidavit Requirement in Med Mal Cases Applies to Professional Medical Corporations and Nurses

Posted on January 26, 2010
Nevada statute NRS 41A.071 requires that a complaint for medical malpractice be accompanied by an affidavit prepared by a medical expert: "If an action for medical malpractice or dental malpractice is filed in the district court, the district court shall dismiss the action, without prejudice, if the action is filed without an affidavit, supporting the allegations contained in the action, submitted by a medical expert who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged malpractice...

Nevada Supreme Court Addresses Pharmacy Liability to Third Parties

Posted on January 26, 2010
In Sanchez v. Wal-Mart Stores, 125 Nev. Adv. Op. No. 60 (December 24, 2009), the Nevada Supreme Court examined the scope of a pharmacy's duty of care. In June 2004, Gregory Sanchez, Jr., stopped on the side of the road to fix a flat tire and was assisted by a co-worker, Robert Martinez...

Toyota and Lexus floor mats causing unintended acceleration

Posted on November 24, 2009
On September 29, the National Highway Traffic Safety Administration alerted consumers about Toyota and Lexus vehicles experiencing unintended acceleration due to the accelerator becoming stuck. According to the NHTSA press release, floor mats in certain Toyota and Lexus models have caused the accelerator pedal to catch, causing rapid acceleration after releasing the pedal...

FDA Announces Safe Use Initiative

Posted on November 18, 2009
On November 4, 2009, the FDA introduced its "Safe Use Initiative," an effort to collaborate with the health care field to reduce the preventable harm resulting from medication use and misuse. The Initiative is in response to the millions of consumers who are harmed each year because of the misuse of medications...

Exposing Myths About Medical Malpractice

Posted on November 17, 2009
The American Association for Justice, in its efforts to promote health care reform, has attacked health care reform opponents' arguments that reform will be a heavy financial burden on the health care system. 'All the facts and evidence show that tort law changes will do practically nothing to lower costs or cover the uninsured,' said AAJ President Anthony Tarricone...

Beware of Unapproved H1N1 Products

Posted on November 17, 2009
The FDA urges caution when searching for H1N1 products on the internet because many unapproved H1N1 products purport to prevent, diagnose, or treat H1N1. The FDA warns consumers of the potential danger of these products and cautions consumers that they should use only FDA approved products from licensed pharmacies...

Nevada Supreme Court Reviews Dram Shop Liability

Posted on November 10, 2009
The Nevada Supreme Court addressed the liability of a hotel for injuries occurring in an automobile accident after evicting intoxicated persons from the hotel premises in Rodriguez v. Primadonna Company, 125 Nev. Adv. Op. No. 45 (October 1, 2009). In Rodriguez, 17 year old Fabian Santiago had been drinking with his two adult uncles, Manuel and Daniel Garibay, on hotel property where they were checked in as guests...

Nevada Supreme Court Rejects Application of Anti-Stacking Rules for Concurrent Negligence

Posted on November 05, 2009
In Delgado v. American Family Ins. Group, 125 Nev. Adv. Op. No. 44 (October 1, 2009), the Nevada Supreme Court was faced with the question of whether the passenger in an automobile who is injured by the concurrent negligence of the drivers in a two-car accident "may recover under the permissive driver's insurance policy both liability benefits based on the policyholder's negligence and underinsured motorist benefits based on the other driver's underinsured status...

H1N1 Preventative Measures

Posted on November 05, 2009
With the death toll from H1N1 rising in Nevada, we should all be taking everyday precautions to stay healthy. The Center for Disease Control and Prevention suggests everyday steps to protect your health: Cover your nose and mouth with a tissue when you cough or sneeze...

District Judge Bars Injection Regulations

Posted on October 01, 2009
Two weeks ago, the Nevada Board of Medical Examiners issued an emergency regulation to restrict the ability of medical assistants to perform certain injections, such as Botox. As reported by the Las Vegas Sun, the regulations prohibited doctors from allowing medical assistants to inject "cosmetic fillers, chemotherapy, anesthetics or inflammatory drugs," stemming from "a controversy in Las Vegas about unlicensed medical assistants performing certain procedures that some argued should be left to a doctor...

Nevada Supreme Court addresses business defamation actions

Posted on September 25, 2009
The Nevada Supreme Court clarified business defamation in Clark County Sch. Dist. v. Virtual Educ., 125 Nev. Adv. Op. No. 31 (August 6, 2009). The case presented the issues to the Court of whether "the absolute privilege applies to defamatory communications made by a nonlawyer in anticipation of a judicial proceeding," and "whether allegedly defamatory statements made about a business's product provide a basis for defamation per se or for business disparagement...

Nevada Supreme Court Says Smoking Ban Constitutional

Posted on September 25, 2009
The Las Vegas Sun reported that the Nevada Supreme Court denied a challenge to the civil enforcement of Nevada's indoor smoking ban. The criminal enforcement of the smoking ban had already been held unconstitutional, and the statutory basis for criminal enforcement has been removed from the statute...

Insurer's Have Duty to Inform Insured's About Settlement Offers

Posted on September 25, 2009
The Nevada Supreme Court addressed the scope of an insurer's duty to defend under the implied covenant of good faith and fair dealing in Allstate Insurance Co. v. Miller, 125 Nev. Adv. Op. No. 28 (July 30, 2009). The opinion considered when an insurer has a duty to inform its insured about settlement opportunities...

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