de Becker v. UHS of Delaware, Inc., 140 Nev. Adv. Op. 58 (Sept. 19, 2024)

When a negligence claim alleges providers of health care were negligent when rendering services in a professional relationship, the proper claim is of professional negligence requiring an expert affidavit under NRS 41A.071. As pertaining to informed consent, a claim only constitutes battery if a plaintiff claims not to have consented at all to the treatment or procedure. Where a plaintiff consented to a particular treatment or procedure, and a question arises regarding whether the scope of that consent was exceeded, an expert medical affidavit is necessary under NRS 41A.071. The Supreme Court of Nevada clarified that when an accompanying expert declaration fails to satisfy the statutory requirements under NRS 41A.071 by failing to properly identify the defendant and specifically allege the negligent acts of that defendant, the complaint may not be amended and must be dismissed. Where the Public Readiness and Emergency Preparedness Act (“PREP Act”) is invoked, a professional negligence claim will be statutorily barred under 42 U.S.C. § 247d-6d if an allegation is caused by a named countermeasure. The Court correspondingly affirmed the District Court’s dismissal of the complaint.