DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
161022P.pdf 06/22/2017 S.S. v. Bellevue Medical Center
U.S. Court of Appeals Case No: 16-1022
and No: 16-1024
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Smith, Author, with Kelly, Circuit Judge, and Sippel,
District Judge]
Civil case - Nebraska Hospital Medical Liability Act. Notice is not a
requirement for qualification for the Act's protections, but rather a
requirement imposed on those already qualified; the defendant was
qualfied, and did not lose the Act's protections even if it failed to
properly post notice regarding opt-out; damage cap in the Act does not
violate the Seventh Amendment right to a jury trial; nor does the Act
violate the Fifth Amendment's Takings Clause; the Act does not impair
access to the courts by limiting recoverable damages; Equal Protections
Clause challenged rejected;; substantive due process challenge rejected;
defendant's challenges to three different jury instructions rejected.