Opinion
No. 55926.
09-15-2011
Marcia BROUSSARD, Individually and as Special Administrator for the Estate of Andrew Broussard, Deceased, Appellant, v. Dr. Edward VICTORIA, M.D.; and IPC The Hospitalist Company, Inc., Respondents.
Christensen Law Offices, LLC John H. Cotton & Associates, Ltd.
Christensen Law Offices, LLC
John H. Cotton & Associates, Ltd.
ORDER OF AFFIRMANCE
This is an appeal from a district court order dismissing appellant's complaint without prejudice in a medical malpractice action. Eighth Judicial District Court, Clark County; Valerie Adair, Judge.
Having reviewed the briefs and appendices on appeal, we affirm the district court's dismissal order. The district court properly dismissed the medical malpractice complaint without prejudice, as the complaint was filed without the necessary medical affidavit, and therefore, was void ab initio. NRS 41A.071 ; Washoe Med. Ctr. v. Dist. Ct., 122 Nev. 1298, 1304, 148 P.3d 790, 794 (2006). The unsworn document from appellant's expert was insufficient to meet the requirement. NRS 41A.071 ; NRS 53.045 ; Washoe Med. Ctr., 122 Nev. at 1304, 148 P.3d at 794; Buckwalter v. Dist. Ct., 126 Nev. ––––, ––––, 234 P.3d 920, 922 (2010). Accordingly, we
ORDER the judgment of the district court AFFIRMED.