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Steven J. Klearman
Steven J. Klearman
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Does Nevada Have Jurisdiction Over an Out of State Doctor Who Treats Nevada Patients Over the Internet?: Nevada Issue of First Impression

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ISSUE: Whether a doctor practicing medicine in Nevada remotely over the Internet, for a California medical group that contracts with a Nevada medical group to render medical services remotely over the Internet and contractually agrees to be bound by the laws of Nevada, is subject to the jurisdiction of the Nevada courts?

This is the issue of first impression that presents itself in the context of an Answering Brief to a Writ of Prohibition that I’m getting ready to file in the Nevada Supreme Court. This case involves the question of whether the fiduciary shield doctrine will become law in Nevada and will shield doctors who treat Nevada patients over the Internet from the jurisdiction of the Nevada courts. Nationally, the fiduciary shield doctrine has been adopted by many states. But the doctrine’s potential broad sweep makes it a mistake for Nevada.

I will provide portions of our brief over the course of the next two or three blogs.