Monk v. Ching, M.D.

Summary

The Nevada Supreme Court affirmed dismissal of claims against three physicians because the supporting declaration did not satisfy the statutory affidavit-of-merit requirements. The declaration failed to identify each physician's specific acts of negligence or state the applicable physician standard of care and breach to a reasonable degree of medical probability. The court also held that the statutory res ipsa loquitur exception did not apply because the gauze was intentionally placed during postoperative wound care rather than unintentionally left during surgery.