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eighthjdcourt

Info about the Eighth Judicial District Court.

Category Archives: Med Mal Status checks

The Medical Dental Malpractice Status Check Calendar, more commonly known as Med Mal Sweeps, will be held on Monday, Feb. 5 at 1 p.m. at the Regional Justice Center, 200 Lewis Ave. in Courtroom 14A. If the trial department has been set, or your trial had already been set, re-set, or vacated in a previous Med Mal Sweeps, you don’t need to attend the Feb. 5 sweeps and must instead coordinate with your respective trial judge.

The Med Mal Sweeps calendar will be heard in numerical case number order with the oldest case being heard first, as follows:

All med mal cases never set for trial, whose complaints were filed up to December 5, 2017 if a joint case conference report (JCCR) has been filed.

We will post a list of cases on the Clark County and Nevada State websites, once the calendar is finalized. The discovery commissioner won’t be present to address discovery issues, because only trial-ready cases whose trial schedule order has been established by the latest JCCR or SCHO (Scheduling Order) will be heard.

The court will work to enforce NRS 41.A.061.1, and will attempt to set all Chapter 41A Professional Negligence trials (not already scheduled) within three years of the date that the Complaint was filed. Please bring a list of all the cases at which you will be appearing to the hearing. Those who may have questions regarding the calendar can contact Tatyana Ristic at (702) 671-3633.

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During the Feb. 6 Med/Mal Sweeps, 378 cases were reviewed by Judge Jerry Wiese with attorneys present to determine if they were on track to meet the Nevada Revised Statutes (NRS).

Med Mal Sweeps are done annually to review cases and ensure they are on track to comply with NRS 41A.061.1(b) which states: The court shall, after due notice to the parties, dismiss an action involving professional negligence if the action is not brought to trial within 3 years after the date on which the action is filed.

“We called a lot of cases and we got a lot done. The sweeps offer a good opportunity for attorneys to take stock of their cases to ensure that they are moving along as they should,” said Judge Wiese. ”Court staff did an excellent job preparing and keeping things moving with this large volume of cases. I appreciate the work that all those involved put in to get this done.”

Judge Wiese enters the status check process well prepared. Each judge who handles med/mal cases provides their stack of cases and other relevant information to Judge Wiese’s judicial executive assistant Tatyana Ristic who gets things in order so the process moves like clockwork.

NRS 41A.061.1(b) http://www.leg.state.nv.us/nrs/nrs-041a.html#NRS041ASec061

NRS 41A.061  Dismissal of action for failure to bring to trial; effect of dismissal; adoption of court rules to expedite resolution of actions.

1.  Upon the motion of any party or upon its own motion, unless good cause is shown for the delay, the court shall, after due notice to the parties, dismiss an action involving professional negligence if the action is not brought to trial within 3 years after the date on which the action is filed.

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The Medical/Dental Malpractice Status Check Calendar will be held on Monday, August 1 at 8:30 a.m. and 1 p.m. at the Regional Justice Center, 200 Lewis Ave., Las Vegas, Nevada in Courtroom 14A. Med Mal Status Check Presiding Judge Jerry A. Wiese II will keep the cases moving during the Med Mal sweeps.

The calendar will be heard in numerical case number order with the oldest case being heard first, as follows:

Case No. A-10-610616-C through A-15-716565-C: 8/1/16 at 8:30 AM

Case No. A-15-717133-C through A-16-737726-C: 8/1/16 at 1:00 PM

The Discovery Commissioner, Bonnie Bulla, will be available to address any discovery issues.

The court will work to enforce NRS 41A.061.1, and will attempt to set all Chapter 41A Professional Negligence trials (not already scheduled) within three years of the date that the Complaint was filed.

If you have any questions regarding the status check calendar, please call  702-671-3633. Please bring a list of the cases you will be appearing on to the hearing.

 

NRS 41A.061 Dismissal of action for failure to bring to trial; effect of dismissal; adoption of court rules to expedite resolution of actions.

1.  Upon the motion of any party or upon its own motion, unless good cause is shown for the delay, the court shall, after due notice to the parties, dismiss an action involving medical malpractice or dental malpractice if the action is not brought to trial within:

(a) Three years after the date on which the action is filed, if the action is filed on or after October 1, 2002, but before October 1, 2005.

(b) Two years after the date on which the action is filed, if the action is filed on or after October 1, 2005.

2.  Dismissal of an action pursuant to subsection 1 is a bar to the filing of another action upon the same claim for relief against the same defendants.

3.  Each district court shall adopt court rules to expedite the resolution of an action involving medical malpractice or dental malpractice.

(Added to NRS by 2002 Special Session, 7)

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