Justia Nevada Supreme Court Opinion SummariesArticles Posted in Health Law
In re Guardianship of Wittler
The Supreme Court dismissed for lack of jurisdiction an order of the district court extending a temporary guardianship and denying a motion to dismiss, holding that the order was not independently appealable. Respondent filed a petition for the appointment of a temporary and permanent guardian of the person and estate of his mother, Appellant. Thereafter, the district court entered an order appointing a temporary guardian. Eventually, the district court set a hearing date to determine permanent guardianship. Defendant appealed the court's earlier order extending the temporary guardianship and denying a motion to dismiss the action for lack of jurisdiction. Appellant appealed. The Supreme Court dismissed the appeal, holding that the temporary guardianship order was not appealable. View "In re Guardianship of Wittler" on Justia Law
Nuleaf CLV Dispensary, LLC v. State Department of Health & Human Services, Division of Public & Behavioral Health
At issue was Nev. Rev. Stat. 453A.322(3)(a)(5)’s requirement that an applicant seeking to obtain a medical marijuana establishment registration certificate must obtain approval from the local government where the establishment is to be located verifying that the applicant is in compliance with applicable zoning restrictions and building requirements. Specifically at issue was whether this requirement must be satisfied before an applicant can receive a registration certificate. The Supreme Court held that it need not be satisfied and that the registration certificate is deemed provisional until the applicant is able to satisfy section 453A.322(3)(a)(5). View "Nuleaf CLV Dispensary, LLC v. State Department of Health & Human Services, Division of Public & Behavioral Health" on Justia Law
State, Department of Health & Human Services v. Samantha Inc.
The Supreme Court vacated the district court’s order granting Respondent’s petition for judicial review filed under Nev. Rev. Stat. 233B, the Nevada Administrative Procedure Act (APA), holding that the application process provided by Nev. Rev. Stat. 453A.322 does not constitute a contested case as defined by Nev. Rev. Stat. 233B.032, and therefore, the district court did not have authority to grant APA-based relief. Respondent petitioned for judicial review of the Nevada Department of Health and Human Service’s decision not to issue it a Las Vegas registration certificate authorizing it to operate a medical marijuana dispensary. Respondent’s petition was based exclusively on the Nevada APA. The Department moved to dismiss, arguing that the APA only affords judicial review in contested cases, which the marijuana dispensary application process does not involve. The district court granted judicial review and directed the Department to reevaluate Respondent’s application. The Supreme Court vacated the judgment of the district court, holding that the APA did not afford Respondent the right of review it sought. View "State, Department of Health & Human Services v. Samantha Inc." on Justia Law
Doe v. State ex rel. Legislature of 77th Session
Nevada’s medical marijuana registry does not violate the Due Process, Equal Protection, or Self-Incrimination Clauses of the United States or Nevada Constitutions. Appellant in this case applied for and received a registry identification card. Thereafter, Appellant filed suit against the Nevada Legislature, the Governor, and the Department of Health and Human Services (collectively, Respondents) arguing that the medical marijuana registry and its associated fees violated his due process and equal protection rights and his right against self-incrimination. The district court granted summary judgment for Respondents. The Supreme Court affirmed, holding (1) Nevada’s medical marijuana registry does not impinge upon a fundamental right; (2) the registry is rationally related to the legitimate state interest of protecting the health, safety, and welfare of the public; and (3) the registry does not violate a registrant’s right against self-incrimination. View "Doe v. State ex rel. Legislature of 77th Session" on Justia Law
City of Sparks v. Reno Newspapers, Inc.
The Supreme Court reversed the district court’s order granting a writ mandating disclosure of public records. The public records sought were copies of the business licenses of persons operating medical marijuana establishments (MME) in the City of Sparks. The City produced the business licenses but redacted the licensees’ identifies from the documents. Respondent filed a petition for a writ of mandamus to compel the City to disclose the redacted information. The district court granted the petition, concluding that the City’s duty under the Nevada Public Records Act to disclose the identities of the business was not exempted by Nev. Admin. Code 453A.714’s confidentiality provision. The City appealed, arguing that a petition for a writ of mandamus was not the appropriate means of seeking judicial relief when challenging an administrative code and that section 453A.714 rendered confidential the identifying information of MME business license holders. The Supreme Court affirmed in part and reversed in part, holding (1) Respondent’s petition for a writ of mandamus was a procedurally proper means for seeking the disclosure of public records; but (2) the identifying information of MME business license holders was confidential under section 453A.714 and thus was exempt from disclosure. View "City of Sparks v. Reno Newspapers, Inc." on Justia Law
State v. Second Judicial Dist. Court
Ayden A., a sixteen-year-old minor, was admitted to West Hills Hospital because he was deemed to be emotional disturbed and a danger to himself. One week later, the State filed a petition for involuntary placement in a locked facility after emergency admission, arguing that its petition was timely because five days as prescribed in Nev. Rev. Stat. 432B.6075(2) means judicial days. The district court ruled in favor of Ayden, concluding that “five days” in the statute means calendar days. The State subsequently filed this original petition for a writ of mandamus. The Supreme Court granted the State’s petition and directed the district court to vacate its order denying the State’s petition to extend the placement, holding (1) although Ayden was released from involuntary placement and this matter is moot, this particular issue is presents an issue that is capable of repetition yet evading review and thus fits within an exception to the mootness doctrine; and (2) the five days in section 432B.6075 must be judicial days based on Nev. R. Civ. P. 6(a)’s instructions on computing time. View "State v. Second Judicial Dist. Court" on Justia Law
Vu v. Second Judicial Dist. Court
A psychiatrist filed a petition for court-ordered continued involuntary admission of Petitioner to a mental health facility on the grounds that there was an imminent risk that Petitioner would harm himself or others if he were not involuntarily admitted to a mental health facility. The district court granted the petition. Twelve days after the district court’s involuntary admission order was entered, Petitioner was unconditionally released from the mental health facility. Petitioner then filed this petition for a writ of mandamus asking that the Supreme Court direct the district court to recall from the Central Repository for inclusion in the National Instant Criminal Background Check System the previously transmitted record of Petitioner’s involuntary admission. In support of his petition, Petitioner argued, inter alia, that Nev. Rev. Stat. 433A.310(5) did not authorize transmission of the involuntary admission order until that order became final under Nev. Rev. Stat. 433A.310(1). The Supreme Court denied Petitioner’s request for extraordinary writ relief, holding (1) section 433A.310(5)’s plain language requires a district court to transmit an admission order to the Central Repository at the time it is entered; and (2) clear and convincing evidence justified Petitioner’s involuntary admission. View "Vu v. Second Judicial Dist. Court" on Justia Law
In re Guardianship of Hailu
Aden Hailu suffered severe lack of brain oxygen damage while she was admitted to St. Mary’s Regional Medical Center. Hailu was placed on ventilation support. After Hailu failed an apnea test, St. Mary’s concluded that Hailu was brain dead and notified Hailu’s father and guardian, Fanuel Gebreyes, that it intended to discontinue Hailu’s ventilator and other life support. Gebreyes filed an emergency petition for temporary restraining order seeking to prevent St. Mary’s from removing Hailu from life-sustaining services. The district court ruled in favor of St. Mary’s. At issue on appeal was whether the American Association of Neurology guidelines (AAN Guidelines) are considered “accepted medical standards” that satisfy the definition of brain death in Nev. Rev. Stat. 451.007. The Supreme Court reversed the district court’s order denying a petition or temporary restraining order, holding that the district court failed properly to consider whether the AAN Guidelines adequately measure all functions of the entire brain, including the brain stem, under Nev. Rev. Stat. 451.007 and whether the AAN Guidelines are considered accepted medical standards by the medical community. Remanded. View "In re Guardianship of Hailu" on Justia Law
Tam v. Eighth Judicial Dist. Court
After the death of Charles Cornell, Sherry Cornell filed a complaint against numerous defendants, including petitioner Stephen Tam, M.D., alleging medical malpractice. Dr. Tam filed an omnibus motion in limine requesting in part that Plaintiff’s noneconomic damages be capped pursuant to Nev. Rev. Stat. 41A.035, which limits the recovery of a plaintiff’s noneconomic damages in a healthcare provider’s professional negligence action to $350,000. The district court denied the motion, concluding (1) section 41A.035 is unconstitutional, as it violates a plaintiff’s constitutional right to trial by jury; (2) the statutory cap does not apply to the case as a whole, but a separate cap applies to each plaintiff for each of the defendants; and (3) the statutory cap does not apply to medical malpractice claims. Dr. Tam subsequently petitioned for a writ of mandamus compelling the district court to vacate its order denying his motion in limine. The Supreme Court granted the petition, holding that the district court erred in (1) finding the statute unconstitutional; (2) finding the statutory cap applies per plaintiff and per defendant; and (3) finding the statute only applies to professional negligence and not to medical malpractice. View "Tam v. Eighth Judicial Dist. Court" on Justia Law
Sadler v. PacifiCare of Nev., Inc.
Patients of certain healthcare facilities were advised to testify for blood-borne diseases after it was discovered that those healthcare facilities used unsafe injection practices during certain procedures. Plaintiffs, patients of those facilities who had undergone such procedures, filed a complaint on behalf of themselves and a proposed class of similarly situated individuals against PacifiCare of Nevada, Inc., a health maintenance organization, asserting negligence on the ground that PacifiCare failed to establish and implement a quality assurance program to oversee the medical providers within its network. The district court granted PacifiCare’s motion for judgment on the pleadings, concluding that Plaintiffs’ complaint failed to state a negligence claim because they had not alleged an “actual injury,” such as testing positive for a blood-borne illness. The Supreme Court reversed, holding that Plaintiffs’ complaint adequately alleged an injury in the form of exposure to unsafe injection practices that caused a need for ongoing medical monitoring to detect latent diseases that may result from those unsafe practices. View "Sadler v. PacifiCare of Nev., Inc." on Justia Law