In Nevada, the elements for a claim of professional negligence or malpractice (not including medical malpractice) are:
- Defendant owes plaintiff duty to exercise due care toward plaintiff;
- Defendant had a heightened duty to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise
- Defendant breached the duty of care;
- That breach caused harm to plaintiff; and
- Plaintiff was damaged by breach.
Clark v. Robison, 113 Nev. 949, 951, 944 P.2d 788, 790 (1997); Morgano v. Smith, 110 Nev. 1025, 1028, n.2, 879 P.2d 735, 737 (1994); Perez v. Las Vegas Med. Ctr., 107 Nev. 1, 4, 805 P.2d 589 (1991); Bank of Nevada v. Butler Aviation-O’Hare, Inc., 96 Nev. 763, 765, 663 P.2d 398, 399 (1980); Restatement (Second) of Torts, § 562 (1977); NRS 41A.015; Terracon Consultants W., Inc. v. Mandalay Resort Gp., 125 Nev. 66, 206 P.3d 81 (2009)(economic loss doctrine prevents tort suit against engineers and architects, but not attorneys, accountants, real estate professionals, and insurance brokers) (citing Goodrich & Pennington v. J.R. Woolard, 120 Nev. 777, 101 P.3d 792 (2004)); Hewitt v. Allen, 118 Nev. 216, 43 P.3d 345 (2002); Choi v. Chase Manhattan Mortg. Co., 63 F. Supp. 2d 874, 883-85 (N.D. Ill. 1999); 2314 Lincoln Park W. Condo. v. Mann, 136 Ill.2d 302, 144 Ill. Dec. 227, 555 N.E.2d 346, 353 (1990)).
Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee. Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com
Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.