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Gourley ex rel. Gourley v. Nebraska Methodist Health System, Inc.

Nebraska Supreme Court

663 N.W.2d 43 (2003)

TortsConstitutional Law
Relevant factsFree

The Nebraska Hospital-Medical Liability Act capped recoverable medical malpractice damages at $1,250,000; after a jury awarded the Gourleys (plaintiffs) $5,625,000 for a brain injury their son suffered following an emergency cesarean section performed by an OB/GYN group (defendant), the district court found the cap unconstitutional and entered judgment for the full jury award, and the OB/GYN group appealed.

IssueFree

Whether a statute limiting recoverable damages in medical malpractice cases is constitutional.

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