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Suit for Implanting Wrong Device Doesn’t Need Expert Evidence

March 26, 2020, 3:39 PM

A Nevada man who alleged he was implanted with a different knee implant device than the one he agreed to may proceed with fraud and breach of contract claims against the physician, even though he didn’t file an expert witness affidavit along with his complaint, the state’s top court said.

Nevada law requires trial courts to dismiss medical professional negligence complaints that aren’t accompanied by a medical expert affidavit, the Nevada Supreme Court said.

But physician Parminder Kang didn’t show the affidavit requirement applied in a fraud and breach of contract case brought by patient Peter Snovitch, the court said...

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