On appeal from a district court finding of summary judgment in favor of his client, University Medical Center (UMC), Jonathan D. Ballard, Esq. obtained an Order of Affirmance from the Supreme Court of the State of Nevada. After entertaining briefing and oral argument, the Supreme Court issued the order finding that Appellants lacked evidence to establish Respondents, UMC and treating physicians, breached the standard of care.
Appellants were patients of UMC and claimed they were subjected to unsafe medical practices during their admissions. Appellants alleged that during the admissions at UMC, physicians exposed them to a risk of infection with blood-borne diseases by engaging in the reuse of lidocaine vials, syringes and needles. In support of the claims, Appellants offered physician affidavits as evidence of the malpractice.
In ruling in favor of Respondents, the Court determined the affidavits were insufficient to defeat summary judgment. The Court found the arguments of Respondents persuasive by ruling that the affidavits lacked personal knowledge of the treatment provided to Appellants by the physicians in question and that there was no evidence UMC employees participated in unsafe practices.