Scott Freeman was discharged in the middle of the night from Renown Regional Medical Center after being treated for mere hours. Scott’s wife, Melissa Freeman, was traveling at the time, and thus, there was no adult in the home to receive Scott or provide him with care following his discharge. When Melissa arrived home in the morning, she found Scott unconscious. Scott later died.
Melissa sued Renown and several other entities and individuals, asserting both professional negligence and ordinary negligence. The defendants moved to dismiss the ordinary negligence claim, arguing that it sounded in professional negligence. The district court denied that motion.
The Supreme Court of the State of Nevada held in its Opinion filed on December 11, 2025: “The decision to discharge Scott occurred in the course of the professional relationship between petitioners and Scott. Thus, regardless of any administrative aspect, the decision to discharge Scott and any causes of action related to that decision sound in
professional negligence, not ordinary negligence. For an ordinary negligence claim against a health care provider to survive as a stand-alone claim, it must be based on conduct that is independent of the medical relationship. Because the negligence alleged here was not independent of the medical relationship, we grant the petition for a writ of mandamus.”
The Nevada Supreme Court further stated, “styling a claim as negligent credentialing, hiring, training, supervision, and retention does not take Melissa’s claim outside of the professional negligence realm. See Est. of Curtis, 136 Nev. at 353, 466 P.3d at 1266-67. Thus, even treating all the allegations as true and viewing them in the light most favorable to Melissa, the claim for negligent credentialing, hiring, training, supervision, and retention sounds in professional negligence.”
Background Facts
Scott had multiple serious, chronic medical conditions, including end-stage renal failure requiring dialysis, hypertension, insulin-dependent diabetes, and vascular disease resulting in an amputation. On October 26, 2022, Scott’s minor daughter discovered Scott unconscious on the bathroom floor, covered in fecal matter. Scott’s daughter called 911 over a three-way call with Melissa, who was away on a trip. EMS noted that Scott was “hypertensive, hyperglycemic, and had difficulty staying awake.” EMS also noted that Scott exhibited “rhythmic twitching/flexing of extremities with decreasing level of mentation.” At that point, EMS transported Scott to Renown, during which time Scott’s condition deteriorated.
Renown assumed care of Scott at 11:50 p.m. Less than an hour later, at 12:45 a.m., a physician entered a discharge order. At 12:58 a.m., Melissa contacted the nursing staff with concerns about Scott’s up-trending glucose levels, which Melissa could rnonitor through her phone. Melissa also expressed concern to the nursing staff about Scott’s ability to treat these high glucose levels at home because there were no adults at home to receive or care for Scott. The nursing staff did not document Melissa’s concerns or relay the information to Scott’s doctor. Scott was ultimately wheeled to Renown’s lobby by a nurse at 1:29 a.m. and was permitted to take an Uber home alone.
Melissa arrived home less than eight hours later. She discovered Scott on the bathroom floor, unresponsive and gurgling. Melissa called paramedics, and Scott was taken to a different medical center, where diagnostic imaging revealed a large acute subdural hematoma and diabetic ketoacidosis. Scott was intubated, and doctors operated to remove the subdural hematoma. Scott suffered brain damage, required prolonged hospitalization, and eventually died.
Renown Regional Medical Center v, Second Judicial District Court, 141 Nev., Advance Opinion 64.
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