The San Jose Mercury released a helpful list of changes to Nevada law taking effect on July 1. Among the new laws detailed by the AP article are the following: -- AB10 protects nurses against retaliation for disclosing problems that...
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The Medicare, Medicaid and SCHIP Extension Act of 2007, or MMSEA, affects judgments and settlements involving Medicare liens. Plaintiffs and Defendant attorneys should be aware of the changes. Section 111 of the MMSEA adds reporting rules, requiring defendants and insurers...
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Senate Bill 227 adds new requirements for data collectors, aimed to provide increased security for consumers' personal information. The bill applies to data collectors who accept card payments for goods or services. It requires data collectors to comply with Payment...
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The Las Vegas Sun reports that 2 cases of E. coli have been reported in Clark County, Nevada. This comes days after the FDA issued a warning regarding Nestle Tollhouse raw cookie dough products due to the risk of E....
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According to the Centers for Disease Control and Prevention (CDC), the total number of cases of Swine Flu in the U.S. is up to 896. Forty-one states have been affected, including Nevada, and two people in the U.S. have died...
Continue reading "Cases of Swine Flu up to Seven in Nevada" »
The Utah bus crash that killed nine and injured 43 others in January of 2008, was followed by an investigation into the cause of the accident. The National Transportation Safety Board (NTSB) concluded recently that driver fatigue was a contributing...
Continue reading "Bus Crashes Call into Question Federal Safety Standards" »
A nonprofit Consumer's Union issued a report April 27, 2009, stating that over a one year period, almost 100,000 patients were subject to increased risks of infection following surgical procedures because of hospitals' failure to follow proven prevention practices. According...
Continue reading "Nevada Surgical Patients May be At Higher Risk for Infection" »
A nonprofit Consumer's Union issued a report April 27, 2009, stating that over a one year period, almost 100,000 patients were subject to increased risks of infection following surgical procedures because of hospitals' failure to follow proven prevention practices. According...
Continue reading "Nevada Surgical Patients May be At Higher Risk for Infection" »
Bill AB 495 has made it to the Senate but further support is needed! The bill seeks to repair some of the harm caused by the KODIN (Keep Our Doctors in Nevada) legislation. Among other things, KODIN put a cap...
Continue reading "Urge Your Senators to Vote YES to Protect Patients' Rights!" »
NRS 41A.097 provides the limitations period for filing lawsuits regarding medical malpractice and wrongful death claims, among others. The statute has gone through a complicated series of amendments. Statutory History, from NRS 41A.097: Until 2002, the statute of limitations for...
Continue reading "Dissecting the History of the Statute of Limitations in Personal Injury Cases in Nevada" »
Medical malpractice is defined as the "failure of a physician, hospital, or employee of a hospital, in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances." NRS 41A.009 (2009). To prove medical malpractice, a...
Continue reading "Expert Witnesses in Medical Malpractice Suits Subjected to Ethics Complaints" »
An article in Nevada Supreme Court News announced recently that the Nevada Supreme Court will be conducting a settlement program to resolve the crisis of backlogged medical malpractice claims in Clark County. The recent influx of 430 claims stemming...
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In 2004, voters approved Question 3, known as the "Keep Our Doctors in Nevada" (KODIN) initiative. The legislation cut the statute of limitations for filing a medical malpractice suit from two years to one, and set a cap on damages...
Continue reading "Stand up for Patients' Rights! Urge Your Representative to Say YES to AB495. " »
According to the National Fire Protection Association, an estimated one out of every four fire-related deaths in the United States in 2006 was caused by smoking materials (i.e. cigarettes, pipes, cigars, etc.), making smoke materials the leading cause of fire...
Continue reading "Nevada Joins Mission to Save Lives Through Fire-Safe Cigarettes. " »
After an accident, a party will often accept a given sum of money for repairs in exchange for which he or she releases the right to sue for any and all present and future property damages arising out of that...
Continue reading "CAUTION! READ BEFORE SIGNING: Releasing Property Damage Claims " »
Under Nevada law provides statutory authority for hospitals to place a lien on certain insurance proceeds. NRS 108.590 provides that "Whenever any person receives hospitalization on account of any injury, and he, or his personal representative after his death, claims...
Continue reading "Hospital Liens Do Not Attach to UM Coverage in Nevada" »
Since August 2008, about 550 people have gotten sick and eight people have died from the salmonella outbreak. Thousands of peanut butter products have been recalled. The law firm that filed the first lawsuit over the recent salmonella outbreak in...
Continue reading "Contaminated Peanut Butter Suit Includes Kellogg Co." »
On March 11, Nevada Legislators introduced Bill A.B. 300, amending existing helmet requirements for motorcyclists. Under the new bill, motorcyclists over the age of 21, who have had their motorcycle license for at least a year, and who have completed...
Continue reading "Nevada Legislators Propose Risky Amendment" »
Twitter.com is a website that allows members to record their thoughts in 140 character-blogs, twenty four hours a day. Similar to "status" postings on Facebook, Twitter blogs allow a member to share with the rest of the Twitter world, what...
Continue reading "Twittering: harmless messaging or juror misconduct?" »
The U.S. Supreme Court in a 6-3 decision upheld a Vermont jury's decision that Diana Levine, the plaintiff in the Supreme Court case Wyeth v. Levine could hold the drug manufacturer accountable for the injuries she suffered--which included the loss...
Continue reading "AAJ Supports US Supreme Court's Wyeth v. Levine Decision" »
On February 12, 2009 Representative Hank Johnson of Georgia introduced the bipartisan Arbitration Fairness Act of 2009. That Act is meant to safeguard citizens from being forced into entering arbitration and would make entering arbitration possible only after the dispute...
Continue reading "Arbitration to be Voluntary under Proposed Legislation" »
A recent editorial in Modern Medicine reported that the Nevada Supreme Court will be deciding whether or not pharmacies can be held liable for death or injuries caused by a customer under the influence of prescription medication. In June of...
Continue reading "Nevada Supreme Court to Decide on Pharmacy Liability" »
Nevada Legislators introduced Bill AB200 on March 5, aimed at expanding Nevada's "Good Samaritan" Law. Under existing law in Nevada, many medical professionals are shielded from civil liability for rendering care, gratuitously and in good faith, in emergency situations. Exceptions...
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A USA Today editorial opined that the Wyeth v. Levine decision opened a new door for plaintiff's rights. During the Bush administration manufacturers were able to avoid lawsuits for defective products as long as the product met federal regulations. The...
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The Supreme Court's March 4th decision in Wyeth v. Levine could mean increased responsibility for drug companies to adequately warn clinicians and consumers of a drug's risks. Affirming a jury verdict in favor of a plaintiff injured as a...
Continue reading "Wyeth v. Levine: Supreme Court Rules On Adequacy Of Drug Labels " »
Congressman John Dingell introduced the Food and Drug Administration's Globalization Act in late January 2009, legislation that if passed would help would help ensure the safety of the nation's food, drugs, medical devices and cosmetics and help restore confidence in...
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A year after procedures involving the reuse of syringes at the Endoscopy Center of Nevada led to a hepatitis C outbreak, Nevada legislators have proposed new regulations to require higher standards in Nevada health care. The Las Vegas Sun reports...
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In a cool move to provide more public access to Nevada courts, the Nevada Supreme Court announced that it will begin live webcasting oral arguments. The webcasts will be available through the court's website, at www.nvsupremecourt.us, tentatively beginning in March....
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The Las Vegas Sun's Stephanie Tavares reports on important changes in federal anti-discrimination law, of which employers must be aware. Congress passed amendments to the Americans with Disabilities Act, which went into effect January 1. The legislative and regulatory changes...
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Currently in Nevada, police cannot pull over a driver who is not wearing a seatbelt. Drivers who are pulled over for another reason and who are found to not be wearing a seatbelt can still be ticketed for failure to...
Continue reading "Nevada Legislature Considers New Seatbelt Law" »
The Reno Gazette Journal reported on a controversial ruling in federal court regarding patient privacy under federal and Nevada law. The issue arose in a wrongful death case. The plaintiff brought suit against the pharmaceutical company manufacturing the drug taken...
Continue reading "Patient-Doctor Privilege Doesn't Cover Doctor's Testimony, Says Judge." »
A safety alert in the February 2007 issue of Consumer Reports says at least two of the 12 infant car seats they investigated -- all of which come with packaging touting federal approval -- should be recalled altogether due to...
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This is an update to the earlier blog, Bush Administration Passed Regulstions Allowing Corporate Immunity for Negligence, first published on January 23, 2009. The Federal Railroad Administration (FRA) and the Pipeline and Hazardous Materials Safety Administration's (PHMSA) last-minute regulation deals...
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This comes directly from LegalView.com. You can find the story online with additional references, here. Traumatic Brain Injury and the Military Unfortunately, those who choose to serve their country run a comparatively high risk of traumatic brain injury. Military personnel...
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According to a December 22, 2008 ConsumerAffairs.com article, the large retail chain Target has recently started using an in-house recall notification system. Target and the Consumer Product Safety Commission (CPSC) are working together to make it easier for consumers to...
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