Skip to Content

Case Law Update: The Supreme Court Denies Review of the Constitutionality of the Nebraska Hospital Medical Liability Act

on Thursday, 4 January 2018 in Health Law Advisory: Zachary J. Buxton, Editor

In November 2017, we published an article on Schmidt v. Ramsey, a case in which the United States Court of Appeals for the Eight Circuit upheld the constitutionality of the Nebraska Hospital Medical Liability Act (the “Act”). This case involved a claim by the mother of a baby who suffered injury during childbirth challenging the constitutionality of the Act. Her $17 million jury verdict was reduced to $1.75 million in accordance with the Act’s statutory limit at the time of the trial. After the Eight Circuit’s decision, the mother of the injured baby appealed the case to the United States Supreme Court. On December 5, 2017, the Supreme Court denied certiorari. With the denial of this petition, the Supreme Court let stand the ruling of the 8th Circuit.

Abby T. Mohs

1700 Farnam Street | Suite 1500 | Omaha, NE 68102 | 402.344.0500