Steven J. Klearman Law Blog

In general, employers are not vicariously liable for the acts of
independent contractors.   However, an exception exists where an
absolute nondelegable duty is imposed.  If an absolute nondelegable duty
were to exist in Nevada, a hospital would remain primarily responsible
for negligence of independent contractor doctors.  


In Renown Health v. Vanderford, 126 Nev. Adv. Op. No. 24
(July 1, 2010), the Nevada... Read More

Insurer must notify insured of potential settlement offers under bad faith and fair dealing... Read More

In Cromer v. Wilson­, 126 Nev. Adv. Op. No. 11 (March 2010), the Supreme Court of Nevada clarified that statutory defenses to liability are not nullified by NRS 41.133.

Plaintiff (passenger) and defendant (driver) were in a single car accident.  While intoxicated, defendant veered off the road and rolled the vehicle several times.  Plaintiff sustained permanent debilitating injuries.  Defendant was subsequently charged and convicted of felony DUI and felony... Read More

The FDA issued a warning regarding the use of the marketed drugs Xenical and Alli.  The warning identifies rare but serious liver injuries.  Both weight-loss medications contain the active ingredient, Orlistat. 

There are currently thirteen reported cases of serious liver injuries throughout the world.  The United States currently accounts for only one reported case.  Currently, a cause-and-effect relationship has not been established. 

As a... Read More

In the first study of its kind, the
RAND Institute for Civil Justice (ICJ) found that as adverse events in
hospitals decreased, medical malpractice claims decreased as well.

While the study may seem to prove the obvious, no evidence affirming
such a correlation had previously been documented.  The study examined hospital data from California.

In principle, improvements in health care quality,... Read More

In Posas v. Hortan, 126 Nev.
Adv. Op. No. 12 (April 15, 2010), the Nevada Supreme Court addressed
when it is appropriate for a sudden emergency instruction to be given to
a jury.

The case arose from an automobile accident. Nicole Horton rear-ended
Amelia Posas when Posas stopped suddenly for a jaywalking pedestrian
pushing a stroller. Horton, who was driving about three to four behind
Posas,... Read More

Hydrolyzed vegetable protein (HVP) is a
flavor enhancer contained in a large amount of processed foods. The
FDA has been investigating the finding of salmonella in HVP manufactured
in Las Vegas, by Basic Food Flavors, Inc. The contaminated HVP affects
hundreds of food products, but no reports of illness have been reported
to the FDA.

The investigation has resulted in preventative and voluntary recalls
... Read More

The Las
Vegas Sun reports that a state health investigation uncovered
questionable procedures surrounding disposal of patient information at
University Medical Center in Clark County.

... state health authorities have discovered an unknown number of
unidentified people have keys to locked bins at the hospital where
patient information... Read More

The Las
Vegas Sun reports that the Ninth Circuit Court of Appeals upheld a
Nevada law restricting advertising for brothels. The law was challenged
under the First Amendment for violating the right to free speech.

The Nevada law prohibits brothels from advertising in any county
where the sale of sexual... Read More

NRS 41.133 states that when "an offender has been convicted of the
crime which resulted in the injury to the victim, the judgment of
conviction is conclusive evidence of all facts necessary to impose
civil liability for the injury."

In Cromer v. Wilson, 126 Nev. Adv. Op. No. 11 (March 11,
2010), the Nevada Supreme Court addressed the effect of this conclusive
evidence of liability on the issues of comparative negligence and
... Read More