(1) The Legislature finds and declares that it is in the public interest that competent medical and hospital services be available to the public in the State of Nebraska at reasonable costs, and that prompt and efficient methods be provided for eliminating the expense as well as the useless expenditure of time of physicians and courts in nonmeritorious malpractice claims and for efficiently resolving meritorious claims. It is essential in this state to assure continuing availability of medical care and to encourage physicians to enter into the practice of medicine in Nebraska and to remain in such practice as long as such physicians retain their qualifications.
(2) The Legislature further finds that at the present time under the system in effect too large a percentage of the cost of malpractice insurance is received by individuals other than the injured party. The intent of sections 44-2801 to 44-2855 is to serve the public interest by providing an alternative method for determining malpractice claims in order to improve the availability of medical care, to improve its quality and to reduce the cost thereof, and to insure the availability of malpractice insurance coverage at reasonable rates.
Notes of Decisions
Prendergast v. Nelson, 256 N.W.2d 657 (Neb. 1977).
· cites it 13× “This is a declaratory judgment action seeking a determination of the constitutionality of the Nebraska Hospital-Medical Liability Act, sections 44-2801 to 44-2855, R.S. Supp.1976.”
Hemsley v. Langdon, 299 Neb. 464 (Neb. 2018).
· cites it 3× “In its complaint, the Estate asserted a medical malpractice claim under the Nebraska Hospital-Medical Liability Act, Neb. Rev. Stat. §§ 44-2801 to 44-2855 (Reissue 2010).”
Bank v. Mickels, 302 Neb. 1009 (Neb. 2019).
· cites it 3× “The applicable standard of care for cases arising under the Nebraska Hospital-Medical Liability Act, Neb. Rev. Stat. § 44-2801 et seq. (Reissue 2010), includes a locality focus.”
Bergan Mercy Health Sys. v. Haven, 620 N.W.2d 339 (Neb. 2000).
· cites it 4× “2d 657 (1977), the appellant raised special legislation and equal protection challenges to the then applicable version of the Nebraska Hospital Medical Liability Act, Neb. Rev.Stat. §§ 44-2801 to 44-2855 (Cum.”
Giese v. Stice, 567 N.W.2d 156 (Neb. 1997).
· cites it 4× “" Giese alleged that the Nebraska Hospital-Medical Liability Act (NHMLA), Neb.Rev. Stat. § 44-2801 et seq. (Reissue 1993) "may be applicable to this case.”
Casey v. Levine, 621 N.W.2d 482 (Neb. 2001).
· cites it 2× “The record does not indicate whether the doctors have elected to come under the Nebraska Hospital-Medical Liability Act.”
Simon v. Drake, 829 N.W.2d 686 (Neb. 2013).
· cites it 2× “9 See Neb. Rev. Stat. §§ 44-2801 to 44-2855 (Reissue 2010).”
Alegent Health Bergan Mercy Med. v. Haworth, 615 N.W.2d 460 (Neb. 2000).
· cites it 6× “In this case, we are required to determine whether a wrongful death action alleging negligence on the part of health care providers who have elected to qualify under the Nebraska Hospital-Medical Liability Act (NHMLA), Neb.Rev.Stat. § 44-2801 et seq. (Reissue 1993 & Cum.”
Schmidt v. Heather Ramsey, APRN-CNM, 860 F.3d 1038 (8th Cir. 2017).
· cites it 2× “Neb. Rev. Stat. § 44-2801 . The Act caps malpractice damages according to the time of occurrence.”
Barry v. Bohi, 380 N.W.2d 249 (Neb. 1986).
· cites it 4× “Bohi was a health care provider qualified under the Nebraska Hospital-Medical Liability Act, Neb.Rev.Stat. §§ 44-2801 et seq. (Reissue 1984), when her cause of action arose, and (2) consequent receipt into evidence, pursuant to the act, of the written opinion of the medical…”
— Neb. Rev. Stat. § 44-2801(2) — 3 cases
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