Court briefs for July 19, 2002

Friday, July 19, 2002 | 9:37 a.m.

Appeal reinstated in malpractice ruling

The Nevada Supreme Court has reinstated the appeal of Dr. Joseph Rojas, who was hit with a $250,000 medical malpractice judgment in Las Vegas in a case involving the removal of the wrong ovary of a woman.

The court initially had dismissed the appeal because Rojas' lawyer had failed to file the proper papers. But the court reconsidered its decision after the required documents were submitted.

Antoinette R. Alderman sued the doctor in 1996 after she learned that her right ovary was removed instead of the left ovary during surgery in June 1993.

Rojas said Alderman was not entitled to damages because she missed the two-year deadline for filing her complaint. District Judge Nancy Saitta ruled that the two-year statute of limitations didn't start until after she found out of the alleged error in October 1994 during another surgery to correct persistent abdominal pain.

The court will now consider the argument by attorneys for Rojas on the time limits.

Petition rejected in baby injury case

The Nevada Supreme Court rejected the petition of Dr. Adam Levy, who is facing trial in Las Vegas, accused of being partially responsible for the injury to a baby that was delivered at the St. Ana Birthing Center.

At the first trial the jury awarded $6 million to Patricia Watts for injuries suffered to her son at birth. In that verdict the jury found the birthing center was 90 percent responsible and Levy and Dr. Kenneth Turner were each 5 percent responsible.

The birthing center has no insurance. Dr. Turner settled for $1 million in his insurance policy, according to court records.

District Judge Mark Denton granted a new trial based on evidence flaws.

Levy, through his lawyer, asked the Supreme Court to limit his potential liability on retrial. If the jury came back with another $6 million judgment, Levy said he should be responsible only for 5 percent or $300,000.

The Supreme Court refused to rule before the second trial.

Malpractice suit appeal dismissed

The state Supreme Court dismissed the appeal of the survivors of Helen Wakefield, who filed a medical malpractice suit against the Life Care Center of Las Vegas and Dr. Lawrence Copeland.

The court said attorney Gary S. Lipsman, representing the survivors, failed to provide accurate and timely responses to its questions. It ordered Lipsman to pay a $250 fine to the Clark County Law Library.

The Life Care Center and Copeland won in District Court and have prevailed in the Supreme Court.

Court to rule on candidate's removal

An attorney for Kevin Michael Williams asked the Nevada Supreme Court to restore his client to the ballot to challenge Clark County Commissioner Myrna Williams in the upcoming election.

District Judge Michael Douglas had ordered Kevin Williams removed from the ballot on grounds he did not live in District E.

Michael Stein, attorney for Kevin Williams, said his client actually lives at 3950 Koval Lane in District E and that he has declared it as his permanent residence.

Dominic Gentile, representing Myrna Williams, said Kevin Williams "does not live and certainly did not live for 30 days uninterruptedly at Koval Lane."

The Supreme Court, which took the case under study, has been urged to rule quickly because county election officials have to order ballots for the September primary election.