Libby v. Eighth Judicial Dist. Cout

In 2005, Dr. Eugene Libby, an orthopedic surgeon, performed surgery on Megan Hamilton’s left knee. In an effort to combat a serious infection that had developed in the knee, Dr. Libby performed another surgery on Hamilton’s knee in 2006. The infection persisted. In 2010, Hamilton brought a claim for injury against Dr. Libby. Dr. Libby filed a motion for summary judgment on the grounds that Hamilton’s claims were barred by the three-year medical malpractice statute of limitations. The district court denied the motion. Dr. Libby subsequently filed a petition for extraordinary relief. The Supreme Court granted the petition for writ of mandamus, holding (1) Nev. Rev. Stat. 41A.097(2)’s three-year limitation period begins to run when there is an appreciable manifestation of the plaintiff’s injury, regardless of whether the plaintiff was aware of the injury’s cause; and (2) because Hamilton suffered appreciable harm to her knee more than three years before she filed her complaint, the district court was required to grant summary judgment in Dr. Libby’s favor. View "Libby v. Eighth Judicial Dist. Cout" on Justia Law