SUNRISE HOSPITAL, JANE FREDERICKS, STEVE WILSON, KAREN FORNOFF AND "RUBEN," Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, AND THE HONORABLE GERARD J. BONGIOVANNI, DISTRICT JUDGE, Respondents, and KEVIN DAILEY AND ELIZABETH DAILEY, Real Parties in Interest., 110 Nev. 52

Summary

In their petition to perpetuate testimony, the injured parties stated that they had sought their son's full medical record from the hospital and that crucial portions had either been lost or never appeared in the medical chart. The injured parties claimed that it was essential before commencing an action against the hospital that certain documents and testimony be obtained and preserved. The lower court commanded the hospital to provide the injured parties with numerous records and materials and permitted the injured parties to take depositions of many hospital employees. The court held that the lower court abused its discretion in granting the petition. The injured parties had failed to demonstrate in their petition why the evidence they sought to preserve would be lost. The injured parties also did not demonstrate why they were presently unable to submit their case to the medical malpractice screening panel. Thus, Rule 27 did not apply. The court added that the broad discovery ...