Humphrey

Humphrey v. Nevada

Good Law
70 F. App'x 915
United States Court of Appeals for the Ninth CircuitJune 24, 2003Nos. 02-15910, 02-15913; D.C. Nos. CV-97-00094-KJD, CV-97-00094-KJD/RJJCalifornia719 words

Opinion

Lead Opinion

MEMORANDUM **

The district court awarded damages on Forrest Humphrey’s claim that the State of Nevada negligently supervised his treating physician, but disposed of all other state and federal claims in favor of the State. Humphrey appeals the grant of summary judgment on his state and federal claims. The State cross-appeals the award of damages on the negligent supervision claim. We affirm.

The relevant facts are known to the parties and are discussed here only briefly and as necessary.

The State contends the district court lacked jurisdiction over Humphrey’s state law claims because they are medical malpractice claims that should have been submitted to a screening panel pursuant to then-existing Nev.Rev.Stat. § 41A.016. As the district court found, Humphrey’s claim that Dr. Bass was negligent in his treatment is a medical malpractice claim within the scope of the statute. Jones v. Wilkin, 111 Nev. 1335 , 905 P.2d 166, 168 (1995). We disagree with the district court, however, on Humphrey’s second claim. Negligent supervision claims, as a general matter, are within the scope of medical malpractice because they involve the rendering of medical services. Id. at 168. Nonetheless,…

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