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Nebraska Court of Appeals Orders that Trial Occur

Nebraska Court of Appeals Orders that Trial Occur

1. An aggrieved mother’s second appeal to the Nebraska Court of Appeals produced a second reversal and remand for trial in a mother’s quest to present the circumstances of her daughter’s final illness to a jury.

2. To make a submissible case, the Court of Appeals, in Scott v. Kahn, 18 Neb App 600, held the magic words: “indicating that an expert’s opinion is based on the reasonable degree of medical certainty or probability are not necessary.” Where an expert witness who is competent expresses the ability to do so, and the witness makes it clear the defendant physician’s care is substandard and proximately caused an adverse outcome.

3. The Court of Appeal’s 17-page public Opinion extensively reviews the governing principles and concludes issues germane to the patient’s final illness should be tried to a jury. The Opinion, involving allegations of psychiatric malpractice, will now require trial to a jury occurs. Read the Court of Appeals' Opinion here.

October, 2010

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