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DIGNITY HEALTH, D/B/A ST. ROSE DOMINICAN HOSPITAL-SIENA CAMPUS, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MARIA A. GALL, DISTRICT JUDGE, Respondents, LIVIU RADU CHISIU, AS SPECIAL ADMINISTRATOR OF ESTATE OF ALINA BADOI, AND AS PARENT OF SOPHIA RELINA CHISIU, A MINOR AND HEIR OF THE ESTATE, Real Party in Interest.
ORDER DENYING PETITION FOR A WRIT OF MANDAMUS OR PROHIBITION
This is an original petition for a writ of mandamus or prohibition challenging district court orders granting a motion for leave to file an amended complaint, denying a motion for reconsideration, and denying a motion to dismiss or strike an affidavit in a medical malpractice action. Having considered the petition and supporting documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted because petitioner has an adequate remedy at law. NRS 34.170 (providing that writ of mandamus may issue “where there is not a plain, speedy and adequate remedy in the ordinary course of law”); NRS 34.330 (same as to writ of prohibition); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted and providing that an appeal is an adequate legal remedy precluding writ relief); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Accordingly, we
ORDER the petition DENIED.
Stiglich, C.J.
Lee, J.
Bell, J.
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Docket No: No. 85913
Decided: February 16, 2023
Court: Supreme Court of Nevada.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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