Before the Court en banc. Opinion by Justice Cherry.
This appeal dealt with the question of whether an affidavit of merit pursuant to NRS 41A.071 was required in a professional negligence suit. An affidavit of merit is a supporting affidavit of a medical expert practicing in an area substantially similar to the type of practice engaged in at the time of the alleged malpractice. NRS 41A.071 requires that an affidavit of merit be filed in actions for medical and dental malpractice. Previously however, in Fierle v. Perez, 125 Nev. 728, 219 P.3d 906 (2009), the Court had ruled that an affidavit of merit was required in all professional negligence actions, not just medical and dental malpractice actions. In this case, the claims were based on the professional negligence of a podiatrist – a profession that is outside the scope of the statutory definition of medical malpractice. The Court concluded, based on the plain language of NRS 41A.071, that the affidavit of merit requirements did not extend to the professional negligence claims against the podiatrist. The Court overruled Fierle, holding that the affidavit of merit requirement only applies to medical and dental malpractice actions, not professional negligence actions. Reversed. (Joe Schrage, Associate in the Las Vegas office of McDonald Carano Wilson.)
