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ALEGENT HEALTH BERGAN MERCY MED. v. HAWORTH

No. S-99-193.

615 N.W.2d 460 (2000)

260 Neb. 63

ALEGENT HEALTH BERGAN MERCY MEDICAL CENTER et al., appellees, v. Robert Wayne HAWORTH, Jr., Special Administrator of the Estate of Robert Wayne Haworth, Sr., deceased, appellant.

Supreme Court of Nebraska.

July 28, 2000.

Attorney(s) appearing for the Case

Robert Wayne Haworth, Jr., pro se.

Thomas J. Shomaker, of Sodoro, Daly & Sodoro, Omaha, for appellees Edward P. Huigens, M.D., and Critical Care Associates.

Brien M. Welch, of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellee Alegent Health Bergan Mercy Medical Center.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

In this case, we are required to determine whether a wrongful death action alleging negligence on the part of health care providers who have elected to qualify under the Nebraska Hospital-Medical Liability Act (NHMLA), Neb.Rev.Stat. § 44-2801 et seq. (Reissue 1993 & Cum.Supp. 1996), is governed by the limitations provision of § 44-2828, which is a component of the NHMLA, or by the statute of limitations applicable to wrongful death actions...

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