By the Court, CHERRY, J.:
In this opinion, we reexamine whether NRS 41A.071's affidavit-of-merit requirement applies to claims for professional negligence.
In 2007, appellant Tammy Egan visited a physician concerning ongoing pain she was having in her left foot and was referred to respondent Gary Chambers, a doctor of podiatric medicine, for surgery. Chambers, who was employed by respondent Southwest Medical Associates, Inc. (SMA), performed
In July 2008, Egan filed a district court complaint for professional negligence against Chambers and SMA.
While Egan's case was pending before the district court, this court issued its decision in Fierle concluding that an affidavit of merit is required under NRS 41A.071 for both medical malpractice and professional negligence complaints, including when claims based on medical malpractice and professional negligence are asserted against a professional medical corporation. Fierle, 125 Nev. at 734-36, 737-38, 219 P.3d at 911, 912. This court concluded, therefore, that, like medical malpractice complaints, professional negligence complaints filed without a supporting affidavit of merit were void ab initio and must be dismissed. Id. at 741, 219 P.3d at 914.
Relying on Fierle, Chambers and SMA
Applying de novo review, we take this opportunity to reconsider whether NRS 41A.071's affidavit-of-merit requirement applies to professional negligence claims. See I. Cox Constr. Co. v. CH2 Investments, 129 Nev. ___, ___, 296 P.3d 1202, 1203 (2013) (holding that this court reviews questions of statutory construction de novo). When a statute is clear on its face, we will not look beyond the statute's plain language. Wheble v. Eighth Judicial Dist. Court, 128 Nev. ___, ___, 272 P.3d 134, 136 (2012); Beazer Homes Nev., Inc. v. Eighth Judicial Dist. Court, 120 Nev. 575, 579-80, 97 P.3d 1132, 1135 (2004).
NRS 41A.071 provides that the district court shall dismiss, without prejudice,
Although stare decisis plays a critical role in our jurisprudence, ASAP Storage, Inc. v. City of Sparks, 123 Nev. 639, 653, 173 P.3d 734, 743 (2007), our reading of NRS 41A.071 reveals no statutory ambiguity as previously suggested in Fierle. We now recognize that our prior decision conflated "medical malpractice" with "professional negligence" when we read NRS 41A.071 to apply to all professional negligence claims. In so doing, our construction of NRS 41A.071 unnecessarily reached beyond its plain language. Applying Fierle to professional negligence claims would be substantially inequitable and contrary to the plain language of the statute. As a result of Fierle's flawed application, we must overrule, in part, our holding in that case and clarify that NRS 41A.071 only applies to medical malpractice or dental malpractice actions, not professional negligence actions. See ASAP Storage, 123 Nev. at 653, 173 P.3d at 743 (stating that "`[l]egal precedents of this court should be respected until they are shown to be unsound in principle'" (alteration in original) (quoting Grotts v. Zahner, 115 Nev. 339, 342, 989 P.2d 415, 417 (1999) (Rose, C.J., dissenting))); Payne v. Tennessee, 501 U.S. 808, 827, 111 S.Ct. 2597, 115 L.Ed.2d 720 (1991) (when governing decisions prove to be "unworkable or are badly reasoned," they should be overruled). Therefore, Egan's professional negligence action against Chambers and SMA must proceed on the merits.
For the reasons articulated above, we hold that the plain language of NRS 41A.071 indicates that professional negligence actions are not subject to its affidavit-of-merit requirement, and to the extent that our decision in Fierle v. Perez, 125 Nev. 728, 219 P.3d 906 (2009), conflicts with this holding, we overrule it. Accordingly, we conclude that the district court erred when it dismissed Egan's professional negligence claim against Chambers and SMA for lack of a supporting affidavit of merit.
We concur: PICKERING, C.J., GIBBONS, HARDESTY, PARRAGUIRRE, DOUGLAS, and SAITTA, JJ.
(Emphasis added to reflect the omission of professional negligence.)