Bourne v. Valdes, 140 Nev. Adv. Op. 74 (Nov. 27, 2024)

Nevada’s professional negligence statute—NRS 41A—is the governing law for malpractice cases where a patient dies by suicide. Nevada has no suicide rule that alleviates a medical provider from liability if a patient dies of suicide outside of the provider’s control and custody. Instead, the court must make factual findings to determine ordinary medical malpractice elements for a suicide case, including Duty, Breach, Foreseeability, and Proximate Causation. If a provider’s actions could foreseeably lead a patient to commit suicide, they can be held liable.

Publication Details

Journal
eYLS (Yale Law School)
Published
2024-11-27
Primary Topic
Medical Malpractice and Liability Issues
Type
article
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article

Bourne v. Valdes, 140 Nev. Adv. Op. 74 (Nov. 27, 2024)

eYLS (Yale Law School)
Medical Malpractice and Liability Issues
article

Bourne v. Valdes, 140 Nev. Adv. Op. 74 (Nov. 27, 2024)

article en

Abstract

Nevada’s professional negligence statute—NRS 41A—is the governing law for malpractice cases where a patient dies by suicide. Nevada has no suicide rule that alleviates a medical provider from liability if a patient dies of suicide outside of the provider’s control and custody. Instead, the court must make factual findings to determine ordinary medical malpractice elements for a suicide case, including Duty, Breach, Foreseeability, and Proximate Causation. If a provider’s actions could foreseeably lead a patient to commit suicide, they can be held liable.

eYLS (Yale Law School)
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Openalex Percentile: Top 35%
Medical Malpractice and Liability Issues
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Bourne v. Valdes, 140 Nev. Adv. Op. 74 (Nov. 27, 2024) · eYLS (Yale Law School) (2024) | TGRS Research Map | TGRS