Opinion

Prendergast v. Nelson

  • 199 Neb. 97
  • 256 N.W.2d 657
  • 1977 Neb. LEXIS 759
Court
Nebraska Supreme Court
Filed
Jul 20, 1977
Status
Published
Author
McCown
On the bench
White, Spencer, Boslaugh, McCown, Clinton, Brodkey, Thomas
Cited by
97 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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