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Jones v. Wilkin11/1/1995
Per Curiam: Jamie Lynn Jones appeals the district court's order dismissing without prejudice her suit alleging that the respondents, who are all health care professionals, were negligent in maintaining medical records and that they provided false information to the Nevada Department of Investigation (NDOI) upon which the State relied to file criminal charges against her. Jones' complaint sets forth five causes of action: negligence, malicious prosecution, intentional infliction of emotional distress, false light/invasion of privacy and defamation per se. The district court relied upon NRS 41A.016, which requires that the Nevada Medical Legal Screening Panel (Screening Panel) review all medical malpractice claims before a district court can properly assume jurisdiction. 1 Jones contends that the district court erred when it characterized her intentional tort causes of action as medical malpractice claims which must he submitted to the Screening Panel prior to filing suit in district court. For the reasons stated below, we conclude that Jones' argument has merit. We vacate in part the dismissal order of the district court and remand for further proceedings consistent with this opinion. Jones underwent spinal fusion surgery in February 1991 to remedy a back injury. After her surgery she sought treatment at the Eastern Nevada Medical Group in Ely to relieve her pain; doctors at the Eastern Nevada Medical Group prescribed drugs to alleviate her pain. In October 1991, Dr. Strumillo and Dr. Wilkin prescribed pain medication for Jones. Dr. Strumillo also recommended that she undergo a magnetic resonance imaging test (MRI test). Jones alleges that when she returned to the William B. Ririe Hospital Clinic to obtain the result of the MRI test, respondent Kimberly Cunningham, a hospital employee, became agitated with her and contacted NDOI to report that Jones attempted to obtain controlled substances through prescription. Respondent Strumillo referred Jones to a doctor in Las Vegas who diagnosed the cause of her pain as an unstable spine. The doctor referred Jones to respondent Thalgott
[111 Nev. 1335, Page 1337]
for further fusion surgery. In November 1991, Dr. Thalgott prescribed additional pain medication for Jones. In the medical records, Dr. Thalgott noted the various prescriptions Jones was already taking. As a result of Cunningham's report, NDOI began investigating Jones. NDOI asked Dr. Wilkin, Dr. Strumillo and Dr. Thalgott to sign affidavits stating that Jones failed to inform them that she was receiving prescription pain medicines from other sources when they prescribed pain medicines for her. All three doctors signed the affidavits. On March 23, 1992, the State filed a criminal complaint that charged Jones with four counts of unlawfully obtaining controlled substances in violation of NRS 453.391. 2 The State based the charges on the affidavits of Dr. Wilkin, Dr. Strumillo and Dr. Thalgott. The State subsequently dismissed all charges against Jones. 3 After the district court dismissed the criminal case against Jones, she filed this action against Dr. Wilkin, Dr. Strumillo, Dr. Thalgott, Kimberly Cunningham and the William B. Ririe Hospital Clinic.
Respondents' argument that NRS 629.061(4) provides absolute immunity to all parties is without merit. 4 The immunity NRS 629.061(4) provides to health care professionals for disclosing medical records is limited to certain investigators. The statute does not cover disclosure to the Investigation Division of the Department of Motor Vehicles and Public Safety when investigating drug offenses. Furthermore, the doctors here did not disclose their records, but rather signed affidavits which the plaintiff alleges are false. The legislature did n
Page 1 2 Nevada Personal Injury Attorneys
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