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

Nebraska Supreme Court
663 N.W.2d 43 (2003)


The Nebraska Hospital-Medical Liability Act (the act) capped recoverable damages in medical malpractice actions at $1,250,000. Lisa Gourley (plaintiff) received prenatal care from Obstetricians-Gynecologists, P.C. (OB/GYN Group) (defendant). OB/GYN Group performed an emergency cesarean section, and Lisa gave birth to two boys, one of whom, Colin (plaintiff), suffered brain damage. The Gourleys sued OB/GYN Group for medical malpractice. The jury awarded the Gourleys $5,625,000. The district court found that the act was unconstitutional, in violation of the right to a jury trial and the equal protection of the laws. Accordingly, the district court entered judgment in the full amount of the jury award. OB/GYN Group appealed.

Rule of Law


Holding and Reasoning (Per curiam)

Concurrence (Gerrard, J.)

Concurrence (Connolly, J.)

Dissent (McCormack, J.)

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