October 2, 2025

LAS VEGAS, NV – QPWB has secured a complete defense victory for a physician, resulting in a final award of $0. Las Vegas Managing Partner Adam Garth successfully defended against a professional negligence and wrongful death lawsuit, achieving a dismissal that was upheld at the appellate level.

Overview of the Case

Following the death of a patient, her co-special administrators and heir filed a civil complaint against QPWB’s client, a physician. The lawsuit alleged professional negligence and wrongful death. No monetary demand was ever made by the plaintiffs.

Key Difference-Makers

• Adam Garth – Managing Partner, Las Vegas

Claims Made Against Our Client

The plaintiffs alleged that the physician failed to properly identify a brain aneurysm and left intracerebral hemorrhage with mass effect. In support of the complaint, they included a declaration from a medical professional, specifically an M.D. interventional cardiologist. 

Defense Strategy

The defense team identified and challenged multiple procedural deficiencies in the pleadings, including service issues and the Plaintiff’s failure to follow statutory requirements for filing a professional negligence complaint. This included a motion to dismiss based on the Plaintiff’s expert declaration, which was challenged as non-compliant with NRS 41A.071 because it did not contain a declaration from a medical professional in the same or similar specialty as the client. The team also noted that the plaintiffs had never established an estate for the decedent before filing the lawsuit.

While the district court initially dismissed the professional negligence claim due to the insufficient expert affidavit, it denied the defense's request to dismiss the heir's individual wrongful death claim. The court determined that a wrongful death claim did not require the existence of an underlying professional negligence case. In response, the defense team filed a petition for mandamus relief with the Nevada Court of Appeals, arguing that the dismissal of the underlying liability claim required the dismissal of the remaining damages claim upon which it was based.

Impact on Final Outcome

The Nevada Court of Appeals fully agreed with the defense’s position, confirming that the dismissal of the underlying professional negligence claim nullified the remaining wrongful death claim. This aggressive approach from the start placed the plaintiff on the defensive and resulted in a significant win for the client without having to engage in costly discovery or retain expert witnesses. The defense's strategic use of procedural law ultimately led to a complete dismissal, saving the client time, money, and exposure.

Unique Aspects of the Case

The most unique aspect of this case was the strategic use of procedural improprieties to dispose of the matter. The victory demonstrates that an investment in a well-placed motion to dismiss can save a client significant revenue.

Predicting the Future

This win highlights QPWB's commitment to pursuing all means to achieve a favorable result with the least amount of expenditure for the client. It demonstrates that the firm takes an aggressive position early in the case, limiting client exposure and ensuring they receive maximum value for their representation.

Key Actions in This Case

• Aggressive Motion to Dismiss: Achieved a dismissal of the professional negligence claim based on procedural deficiencies
• Successful Appellate Petition: The Nevada Court of Appeals fully agreed with the defense’s position, leading to a complete dismissal of the case

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 54 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.