Nebraska § 44-2801 - Legislative findings and intent.

§ 44-2801. Legislative findings and intent.

(1) The Legislature finds and declares that it is in the public interest that competent medical and hospital services be available to the public in the State of Nebraska at reasonable costs, and that prompt and efficient methods be provided for eliminating the expense as well as the useless expenditure of time of physicians and courts in nonmeritorious malpractice claims and for efficiently resolving meritorious claims. It is essential in this state to assure continuing availability of medical care and to encourage physicians to enter into the practice of medicine in Nebraska and to remain in such practice as long as such physicians retain their qualifications.

(2) The Legislature further finds that at the present time under the system in effect too large a percentage of the cost of malpractice insurance is received by individuals other than the injured party. The intent of sections 44-2801 to 44-2855 is to serve the public interest by providing an alternative method for determining malpractice claims in order to improve the availability of medical care, to improve its quality and to reduce the cost thereof, and to insure the availability of malpractice insurance coverage at reasonable rates.

The Nebraska Hospital-Medical Liability Act does not establish a public policy requiring that a professional liability insurance policy must provide coverage for sexual abuse inflicted by a physician upon his or her patient. R.W. v. Schrein, 263 Neb. 708, 642 N.W.2d 505 (2002).

This act held constitutional in regard to all questions of constitutionality raised in the answer. Prendergast v. Nelson, 199 Neb. 97, 256 N.W.2d 657 (1977).