Nevada Affidavit of Medical Expert (NRS 41A.071) — Certificate of Merit

AFFIDAVIT OF MEDICAL EXPERT

(Pursuant to NRS 41A.071)

DISTRICT COURT

[EIGHTH / SECOND / FIRST / ____] JUDICIAL DISTRICT COURT

[CLARK / WASHOE / CARSON CITY / ____] COUNTY, NEVADA

AFFIDAVIT OF MEDICAL EXPERT IN SUPPORT OF COMPLAINT
(NRS 41A.071)

STATE OF [____] )
) ss.
COUNTY OF [____] )

I, [EXPERT FULL NAME], [M.D. / D.O. / D.D.S. / other professional designation], being first duly sworn, depose and state under penalty of perjury under the laws of the State of Nevada that the following is true and correct of my own knowledge, except where stated upon information and belief, and as to those matters I believe them to be true:

I. EXPERT QUALIFICATIONS

1. I am a [physician / dentist / ____] duly licensed and in good standing under the laws of the State of [____], holding License No. [____] (active since [YYYY]). I am also licensed in [list other states, if any].

2. I am board-certified by the [BOARD NAME] in [SPECIALTY], having achieved certification on [__/__/____], with current recertification through [__/__/____].

3. I received my [M.D./D.O./other] degree from [INSTITUTION] in [YYYY]. I completed my internship at [INSTITUTION] in [YYYY], my residency in [SPECIALTY] at [INSTITUTION] in [YYYY], and my fellowship in [SUBSPECIALTY] at [INSTITUTION] in [YYYY].

4. I currently practice [SPECIALTY/SUBSPECIALTY] at [INSTITUTION/PRACTICE], where I have been in active clinical practice from [YYYY] to the present, and I devote at least [____]% of my professional time to active clinical practice.

5. I have personally performed [______ procedures / cared for ______ patients with the relevant condition] during my career, and I continue to do so in my current practice.

6. My practice is "substantially similar" to the type of practice engaged in by [DEFENDANT NAME] at the time of the alleged professional negligence within the meaning of NRS 41A.071. Specifically, [explain overlap: same specialty, same procedures, same scope of patient population, etc.].

7. I am not a party to this action and have no financial interest in its outcome other than my customary expert-witness fee of $[____] per hour, which is not contingent on the outcome.

8. A true and correct copy of my current curriculum vitae is attached as Exhibit A to this Affidavit and incorporated by reference. My CV reflects my education, training, certifications, hospital affiliations, professional society memberships, publications, prior testimony, and current clinical practice.

II. MATERIALS REVIEWED

9. In forming the opinions set forth in this Affidavit, I have reviewed the following materials:

(a) [Inpatient medical records of [PATIENT] from [FACILITY], dates of service [__/__/____] through [__/__/____]];

(b) [Outpatient/clinic records of [PATIENT] from [PROVIDER], dates of service [__/__/____] through [__/__/____]];

(c) [Imaging studies and reports, including ______ from [__/__/____]];

(d) [Laboratory and pathology reports, including ______];

(e) [Operative reports / anesthesia records / nursing notes / medication administration records];

(f) [Autopsy report dated [__/__/____], if applicable];

(g) [Deposition transcripts / sworn statements, if any];

(h) [Relevant medical literature, practice guidelines, and standard-of-care references, including ______]; and

(i) [Other: ______].

10. The materials I have reviewed are the type of materials reasonably relied upon by experts in my field in forming opinions regarding the standard of care.

III. STATEMENT OF FACTS

11. On [__/__/____], [PATIENT NAME], a [age]-year-old [male/female] with a history of [______], presented to [FACILITY] with [PRESENTING SYMPTOMS].

12. From [__/__/____] through [__/__/____], [PATIENT] was under the care of the Defendants, who provided [DESCRIBE TREATMENT/PROCEDURES].

13. [Continue chronology with material vital signs, imaging findings, lab values, operative or procedural events, complications, and outcomes].

IV. APPLICABLE STANDARD OF CARE

14. Based on my education, training, board certification, and active clinical experience in [SPECIALTY], I am familiar with the standard of care that applies to a reasonably competent [SPECIALTY] practitioner under similar circumstances during the time period [__/__/____] through [__/__/____].

15. The applicable standard of care required, among other things:

(a) [Specific obligation, e.g., "performance of a CT angiogram within 60 minutes of presentation with focal neurologic deficit consistent with acute ischemic stroke"];

(b) [Specific obligation, e.g., "obtaining anesthesia consent disclosing risk of dental injury and providing tooth-protection bite block prior to intubation"];

(c) [Specific obligation, e.g., "documenting and acting upon a critical lab value of potassium > 6.0 within 30 minutes"];

(d) [Continue as needed].

V. SPECIFIC ACTS OF ALLEGED NEGLIGENCE — DEFENDANT-BY-DEFENDANT

A. As to Defendant [PHYSICIAN NAME], [M.D./D.O./other]

16. Defendant [PHYSICIAN NAME] breached the standard of care described above in the following specific respects:

(1) On [__/__/____] at approximately [____], Dr. [____] failed to [SPECIFIC ACT — e.g., "order a head CT despite documented Glasgow Coma Scale of 13 with witnessed loss of consciousness and anticoagulant use"];

(2) On [__/__/____], Dr. [____] failed to [SPECIFIC ACT];

(3) On [__/__/____], Dr. [____] failed to [SPECIFIC ACT];

(4) [Continue].

B. As to Defendant [SECOND PROVIDER NAME], [credential]

17. Defendant [SECOND PROVIDER NAME] breached the standard of care described above in the following specific respects:

(1) On [__/__/____] at approximately [____], [SECOND PROVIDER] failed to [SPECIFIC ACT];

(2) On [__/__/____], [SECOND PROVIDER] failed to [SPECIFIC ACT];

(3) [Continue].

C. As to Defendant [HOSPITAL / GROUP NAME] (Through Its Agents and Employees)

18. The nursing, technician, and ancillary staff of Defendant [HOSPITAL / GROUP], acting in the course and scope of their employment or agency, breached the standard of care in the following specific respects:

(1) [SPECIFIC ACT — e.g., "Nursing staff failed to escalate critical lab value to physician within institutional protocol time of 30 minutes; documented call attempt recorded at 02:14, not retried until 03:48"];

(2) [SPECIFIC ACT];

(3) [Continue].

VI. SUMMARY OPINION

19. To a reasonable degree of medical probability, and based on my review of the records and my training and experience, each of the breaches of the standard of care described above fell below what a reasonably competent provider of health care of like specialty would have done under similar circumstances.

20. This Affidavit supports the allegations of professional negligence contained in the Complaint against the Defendants identified above.

VII. RESERVATION

21. The opinions expressed in this Affidavit are based upon the materials reviewed to date and are subject to amendment or supplementation as additional information, including discovery responses, deposition testimony, and additional records, becomes available.

SIGNATURE AND VERIFICATION

DATED this [____] day of [__________], 20[__].

____________________________________
[EXPERT FULL NAME], [M.D./D.O./other]

JURAT

Subscribed and sworn to (or affirmed) before me this [____] day of [__________], 20[__], by [EXPERT FULL NAME], proved to me on the basis of satisfactory evidence to be the person who appeared before me.

____________________________________
Notary Public

My commission expires: [__/__/____]

EXHIBITS TO AFFIDAVIT

☐ Exhibit A — Curriculum vitae of [EXPERT NAME]
☐ Exhibit B — List of materials reviewed (if not stated in body)
☐ Exhibit C — [Practice guidelines or literature relied upon, if attached]

ALTERNATIVE FORM — UNSWORN DECLARATION (NRS 53.045)

I, [EXPERT FULL NAME], declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct.

Executed on [__/__/____], at [CITY], [STATE].

____________________________________
[EXPERT FULL NAME], [M.D./D.O./other]

DRAFTING / FILING CHECKLIST

☐ Affidavit (or NRS 53.045 declaration) is signed by the expert before filing.

☐ Affidavit accompanies the complaint at the time of filing — NOT filed later.

☐ Affidavit identifies each provider defendant by name OR describes the negligent conduct.

☐ Specific acts of negligence are listed separately for each defendant — no lumping.

☐ Expert practices, or has practiced, in an area substantially similar to that of each defendant whose conduct the affidavit addresses.

☐ For multi-specialty cases, separate affidavits or clearly delineated sections for each specialty (radiology, anesthesia, surgery, hospitalist, nursing, etc.).

☐ Expert's CV is attached or filed as a companion exhibit.

☐ Affidavit recites the materials reviewed.

☐ Statutory language tracked: "support the allegations" — "substantially similar practice" — "identify by name or describe by conduct" — "specific act or acts ... separately as to each defendant in simple, concise and direct terms."

☐ SOL under NRS 41A.097 calendared independently — affidavit defects, if any, will not toll the SOL.

☐ Conflicts check completed (expert has not previously consulted on or treated this matter for the defense; not a current treating provider for the patient unless disclosed).

☐ Expert fee disclosed in writing; retention agreement on file.

☐ Service of process and statutory filing fee handled per NRS 19.0335 and EDCR.

SOURCES AND REFERENCES

• NRS 41A.071 — Dismissal of action filed without affidavit of medical expert: https://www.leg.state.nv.us/NRS/NRS-041A.html#NRS041ASec071
• NRS 41A.015 — Definition of professional negligence.
• NRS 41A.017 — Definition of "provider of health care."
• NRS 41A.097 — Statute of limitations and tolling.
• NRS 53.045 — Use of unsworn declaration in lieu of affidavit.
• Borger v. Eighth Judicial Dist. Ct., 120 Nev. 1021, 102 P.3d 600 (2004) (affidavit must address each defendant; conclusory affidavit insufficient).
• Washoe Med. Ctr. v. Second Judicial Dist. Ct., 122 Nev. 1298, 148 P.3d 790 (2006) (specific acts as to each defendant required; non-compliance is jurisdictional).
• Zohar v. Zbiegien, 130 Nev. 733, 334 P.3d 402 (2014) (affidavit may be filed alongside an amended complaint where statute permits; verify current standing).
• Szymborski v. Spring Mountain Treatment Ctr., 133 Nev. 638, 403 P.3d 1280 (2017).
• Clark County Bar Association — Evolution of the Expert Affidavit Requirement in Med-Mal Cases: https://clarkcountybar.org/evolution-of-the-expert-affidavit-requirement-in-med-mal-cases/
• Nevada State Bar — Practice resources on NRS Chapter 41A.