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NRS 41A.071

Dismissal of action filed without affidavit of medical expert

Applied in 43 court decisions — leading case Szydel v. Markman (2005)

Most recently applied in 141 Nev. Adv. Op. No. 64 - RENOWN REGIONAL MED. CENTER v. DIST. CT. (FREEMAN) (CIVIL) (December 2025)

(Added to NRS by 2002 Special Session, 8; A 2015, 2527)

How often courts cite this section

200420102020202560
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

If an action for professional negligence is filed in the district court, the district court shall dismiss the action, without prejudice, if the action is filed without an affidavit that:

1. Supports the allegations contained in the action;

2. Is submitted by a medical expert who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged professional negligence;

3. Identifies by name, or describes by conduct, each provider of health care who is alleged to be negligent; and

4. Sets forth factually a specific act or acts of alleged negligence separately as to each defendant in simple, concise and direct terms.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.