Relatively recent changes to Nevada's medical malpractice statutes now require that all medical malpractice cases filed in Nevada's courts contain an expert affidavit.
Nevada statute NRS 41A.071 provides:
Dismissal of action filed without affidavit of medical expert supporting
allegations. 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
What this means, in effect, is that victims of malpractice must find an expert witness before a case is first filed. The defense, by contrast, is not required to submit an affidavit with their answer.
Nevada medical malpractice plaintiffs are at a significant disadvantage from the start of a case: first, because our new one-year statute of limitations (thanks to the insurance and medical industry lobbies) makes it extremely difficult to gather records and gain a review in this length of time; and second, because plaintiffs divulge a great deal about their case from the start while defendants can wait until close to trial to reveal their expert theories.
