Neb. Rev. Stat. » Chapter 44
Nebraska Revised Statutes

Neb. Rev. Stat. § 44-2840 (2026)

Medical review panels; review claims; procedure; waiver

✓ current as of July 2026
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(1) Provision is hereby made for the establishment of medical review panels to review all malpractice claims against health care providers covered by the Nebraska Hospital-Medical Liability Act in advance of filing such actions.

(2) No action against a health care provider may be commenced in any court of this state before the claimant's proposed complaint has been presented to a medical review panel established pursuant to section 44-2841 and an opinion has been rendered by the panel.

(3) The proceedings for action by the medical review panel shall be initiated by the patient or his or her representative by notice in writing with copy of a proposed complaint served upon the director personally or by registered or certified mail. Such notice shall designate the claimant's choice of the physician to serve on the panel, claimant's suggestion of an attorney to serve, and the court where the action shall be filed, if necessary.

(4) 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. If the claimant waives the panel review, the claimant shall serve a copy of the complaint upon the director personally or by registered or certified mail at the time the action is filed in court.

Notes of Decisions
Cited in 14 cases, 1977–2003 · leading case: Keller v. Tavarone, 628 N.W.2d 222 (Neb. 2001).
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Keller v. Tavarone, 628 N.W.2d 222 (Neb. 2001). · cites it 9× “Section 44-2840 further states, in relevant part: (1) Provision is hereby made for the establishment of medical review panels to review all malpractice claims against health care providers covered by the Nebraska *12 Hospital-Medical Liability Act in advance of filing such…”
Keller v. Tavarone, 655 N.W.2d 899 (Neb. 2003). · cites it 4× “See Neb. Rev. Stat. § 44-2840 (4) (Reissue 1998).”
Prendergast v. Nelson, 256 N.W.2d 657 (Neb. 1977). · cites it 4× “Section 44-2840 (2), R. S. Supp., 1976, provides as follows: “No action against a health care provider may be commenced in any court of this state before the claimant’s proposed petition has been presented to a medical review panel established pursuant to section 44-2841 and an…”
Barry v. Bohi, 380 N.W.2d 249 (Neb. 1986). · cites it 4× “§ 44-2840 (Reissue 1978); Prendergast v. Nelson, supra .”
Alegent Health Bergan Mercy Med. v. Haworth, 615 N.W.2d 460 (Neb. 2000). · cites it 4× “" On June 23, 1998, Alegent, Huigens, and Critical Care filed a petition in the district court for Douglas County, in which they alleged that more than 120 days had *464 elapsed since the filing of the notice of claim and proposed petition and that no medical review panel had…”
Ourada v. Cochran, 449 N.W.2d 211 (Neb. 1989). “However, § 44-2840(4) allows for waiver of the panel: The claimant may affirmatively waive his or her right to a panel review, and in such case the claimant may proceed to *65 file his or her action directly in court.”
Jessen v. Malhotra, 112 F. Supp. 2d 917 (D. Neb. 2000). · cites it 8× “§ 44-2828 (Michie 1995), places a “cap” on damages, see Neb.Rev.Stat. Ann. § 44-2825 (Michie 1995), and provides for medical review panels to review malpractice claims prior to the filing of suit, see Neb.”
Jacobs v. Goetowski, 376 N.W.2d 773 (Neb. 1985). · cites it 12× “The claim was filed pursuant to § 44-2840 of the Nebraska Hospital-Medical Liability Act, Neb.”
White v. Lovgren, 387 N.W.2d 483 (Neb. 1986). · cites it 2× “Lovgren from the suit at the close of the evidence; and (2) In refusing to withdraw from consideration by the jury a report prepared by a medical panel convened pursuant to the provisions of Neb. Rev. Stat. §§ 44-2840 et seq. (Reissue 1984).”
Turek v. Saint Elizabeth Cmty. Health Ctr., 488 N.W.2d 567 (Neb. 1992). · cites it 2× “In the third amended petition, which was filed on May 10, 1988, the plaintiff alleged that he had been injured by the negligence of the defendants, and he affirmatively waived his right for review by the medical review panel as provided in Neb. Rev. Stat. § 44-2840 (4) (Reissue…”
Hitzemann v. Adam, 518 N.W.2d 102 (Neb. 1994). “She affirmatively waived her right to a medical review panel pursuantto§ 44-2840(4). Section 44-2821 provides in part: (2) If a health care provider shall qualify under the Nebraska Hospital-Medical Liability Act, the patient’s exclusive remedy against the health care provider…”
Brewington v. Rickard, 457 N.W.2d 814 (Neb. 1990). · cites it 3× “Neb. Rev. Stat. § 44-2840 (4) (Reissue 1988) provides: 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.”
Show all 14 citing cases →
— Neb. Rev. Stat. § 44-2840(2) — 4 cases
Prendergast v. Nelson, 256 N.W.2d 657 (Neb. 1977). “Section 44-2840 (2), R. S. Supp., 1976, provides as follows: “No action against a health care provider may be commenced in any court of this state before the claimant’s proposed petition has been presented to a medical review panel established pursuant to section 44-2841 and an…”
Alegent Health Bergan Mercy Med. v. Haworth, 615 N.W.2d 460 (Neb. 2000). “" On June 23, 1998, Alegent, Huigens, and Critical Care filed a petition in the district court for Douglas County, in which they alleged that more than 120 days had *464 elapsed since the filing of the notice of claim and proposed petition and that no medical review panel had…”
Jessen v. Malhotra, 112 F. Supp. 2d 917 (D. Neb. 2000). “§ 44-2828 (Michie 1995), places a “cap” on damages, see Neb.Rev.Stat. Ann. § 44-2825 (Michie 1995), and provides for medical review panels to review malpractice claims prior to the filing of suit, see Neb.”
Alegent Health Bergan Mercy Med. Ctr. v. Hawort, 615 N.W.2d 460 (Neb. 2000).
— Neb. Rev. Stat. § 44-2840(3) — 2 cases
Keller v. Tavarone, 655 N.W.2d 899 (Neb. 2003). “See Neb. Rev. Stat. § 44-2840 (4) (Reissue 1998).”
Keller v. Tavarone, 628 N.W.2d 222 (Neb. 2001). “Section 44-2840 further states, in relevant part: (1) Provision is hereby made for the establishment of medical review panels to review all malpractice claims against health care providers covered by the Nebraska *12 Hospital-Medical Liability Act in advance of filing such…”
— Neb. Rev. Stat. § 44-2840(4) — 9 cases
Keller v. Tavarone, 628 N.W.2d 222 (Neb. 2001). “Section 44-2840 further states, in relevant part: (1) Provision is hereby made for the establishment of medical review panels to review all malpractice claims against health care providers covered by the Nebraska *12 Hospital-Medical Liability Act in advance of filing such…”
Keller v. Tavarone, 655 N.W.2d 899 (Neb. 2003). “See Neb. Rev. Stat. § 44-2840 (4) (Reissue 1998).”
Barry v. Bohi, 380 N.W.2d 249 (Neb. 1986). “§ 44-2840 (Reissue 1978); Prendergast v. Nelson, supra .”
Ourada v. Cochran, 449 N.W.2d 211 (Neb. 1989). “However, § 44-2840(4) allows for waiver of the panel: The claimant may affirmatively waive his or her right to a panel review, and in such case the claimant may proceed to *65 file his or her action directly in court.”
Alegent Health Bergan Mercy Med. v. Haworth, 615 N.W.2d 460 (Neb. 2000). “" On June 23, 1998, Alegent, Huigens, and Critical Care filed a petition in the district court for Douglas County, in which they alleged that more than 120 days had *464 elapsed since the filing of the notice of claim and proposed petition and that no medical review panel had…”
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