Medical malpractice battles resurrected

Friday, Feb. 3, 2006 | 12:30 p.m.

CARSON CITY - Doctors and trial lawyers are again battling over medical malpractice, this time in the Nevada Supreme Court.

Doctors say the malpractice reforms adopted in a special session of the 2002 Legislature might be in jeopardy from "hostile" rulings by Nevada courts.

Lawyers call that "alarmist propaganda" from doctors.

The Supreme Court will hear oral arguments next Tuesday in Las Vegas on the appeal of Dr. Adam Levy, who could face either a judgment of $300,000 or $5 million in a medical malpractice case.

The Nevada State Medical Association and the Clark County Medical Society have filed friends of the court briefs supporting Levy, while the Nevada Trial Lawyers Association is supporting a child who suffered severe brain damage at birth in May 1995.

Large malpractice court judgments forced some doctors to close their practice and others to leave Nevada. This prompted Gov. Kenny Guinn to convene the special session.

The Legislature adopted laws to limit doctors' liability. Under the law before 2002, any defendants in a medical malpractice case shared joint liability. If one defendant couldn't pay an award, the rest would have to pick up the extra amount.

A District Court jury in Las Vegas awarded $6 million in a suit brought by Patricia Watts for the injuries suffered by her son at birth. The jury said the St. Ana Birthing Center was 90 percent responsible for the damage and Levy and Dr. Ken Turner were each 5 percent responsible.

The center, according to documents, did not have insurance. Turner settled for $1 million. Levy maintains he is responsible for $300,000, or 5 percent.

Daniel Polsenberg, attorney for Levy, said in his pre-hearing brief to the court that this is the type of case "that is at the epicenter of Nevada's current medical malpractice "crisis."

"Even though obstetricians who have not already fled the state are reluctant to treat such patients because of the liability risk affecting insurance rates," he said. Polsenberg said the mother had little or no prenatal care.

The Legislature in 1987 and 1989, Polsenberg said, changed the law to eliminate "joint" liability except for certain exceptions. That means Levy is responsible only for 5 percent. In addition, the judgment should be lowered by $1.5 million, he argued. The mother's lawyers say Levy "desperately attempts to overstate the significance of the case."

Attorneys Samuel Harding, former Nevada Supreme Court Justice E. M. Gunderson and Richard Thornley said it was unlikely the decision would have any "implications beyond this particular case."

Cy Ryan can be reached at (775) 687-5032 or at cy@lasvegassun.com.

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