[Download] "Richard A. Prendergast Et Al. v. Earl" by Supreme Court of Nebraska ~ Book PDF Kindle ePub Free
eBook details
- Title: Richard A. Prendergast Et Al. v. Earl
- Author : Supreme Court of Nebraska
- Release Date : January 20, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
This is a declaratory judgment action seeking a determination of the constitutionality of the Nebraska Hospital-Medical Liability
Act, sections 44-2801 to 44-2855, R. S. Supp., 1976. Plaintiffs are Richard A. Prendergast, a qualified and practicing nurse
anesthetist, Harlan L. Papenfuss, a licensed and practicing physician, and St. Elizabeth Community Health Center, a nonprofit
Nebraska corporation. Defendant is the Director of Insurance for the State of Nebraska. This action was filed after the defendant
refused to implement the provisions of the act. The District Court found the act constitutional and ordered the Director of
Insurance to carry out his duties as required by the act, but stayed the order pending this appeal. We find the act constitutional,
and affirm. We have no question as to the right of the Director of Insurance to question the act as special legislation and as granting
the credit of the state in aid of an individual, association, or corporation. We do question the right of the director to
raise any question that the act denies an injured party due process or equal protection, or denies the right of access to
the courts and the right of a trial by jury.