noting that Neb. Rev. St. § 44-2840(4) states, "The claimant may affirmatively waive his or her right to a panel review, and in such case the claimant may proceed to file his or her action directly in court."
How later courts described this case
- noting that Neb. Rev. St. § 44-2840(4) states, "The claimant may affirmatively waive his or her right to a panel review, and in such case the claimant may proceed to file his or her action directly in court."
- holding that the Nebraska Hospital-Medical Liability Act, Neb. Rev. Stat. Sec. 44-2801 et seq. is constitutional.
- approving statutory requirement that attorneys’ fee arrangements in medical malpractice cases be subject to review by the court
- "the medical review panel in the Illinois case was not a panel to provide evidence but was a panel to decide the controversy”
Written by the judges who cited it.
The opinion
McCown, J.,
dissenting in part.
I concur generally in the dissent of Judge C. Thomas White except that I do not agree that there is any constitutional problem of standing in the posture of this case.