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For the foregoing reasons, defendant's motion to dismiss is GRANTED. The clerk is directed to close this case. When a patient places his or her trust in a health care provider or facility to provide proper treatment, he or she is in a vulnerable position. When that trust is violated and an injury occurs as a result of negligent care, a medical malpractice suit may be an appropriate course of action. In some cases, injured patients and their families are entitled to compensation for their pain and suffering, income loss and other damages. In this opinion, we reexamine whether NRS 41A.071's affidavit-of-merit requirement applies to claims for professional negligence. 1 In 2009, we considered the identical question in Fierle v. Perez, 125 Nev. 728, 219 P.3d 906 (2009). Despite the plain language of NRS 41A.071, we concluded in Fierle that professional negligence actions were subject to the affidavit-of-merit requirement. Id. at 736-38, 219 P.3d at 911-12. While we acknowledge the important role that stare decisis plays in Nevada's jurisprudence, we recognize that we broadened the scope of NRS 41A.071, expanding the reach of the statute beyond its precise words. We now conclude that professional negligence actions are not subject to the affidavit-of-merit requirement based on the unambiguous language of NRS 41A.071 and, consequently, we overrule, in part, our holding in Fierle. The district court therefore erred when it dismissed appellant's professional negligence complaint for lack of a supporting affidavit of merit. Accordingly, we reverse the district court's order and remand this matter to the district court for further proceedings.
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