Yafchak v. S. Las Vegas Med. Inv'rs

Summary

The court held that professional-negligence claims under NRS Chapter 41A and elder-abuse claims under NRS 41.1395 are separate and distinct, and that only professional-negligence claims require an affidavit of merit. Because the complaint did not identify the employees involved or establish that the alleged conduct was medical decision-making by a statutory health-care provider, the district court could not determine the claims’ gravamen on a motion to dismiss. The court therefore reversed and remanded for further factual development.