Jane Doe is injured in an automobile accident and negligently treated by a physician who is the first person to reach the scene. As a result of the physician's negligence, Jane's injuries fail to heal properly, and she files a malpractice suit against the doctor. Prior to the 1961 Session of the Nebraska Legislature, the outcome of Jane's suit would have depended upon the common-law rules applicable to such cases. This the legislature has attempted to change by enactment of a statute. But can the state legislature, in one short paragraph, so simply and decisively sweep away a common-law right?
Physicians—Statute Relieving Physicians, Surgeons, and Nurses from Civil Liability for Emergency Care—Neb. Laws c. 110, p. 349 (1961),
41 Neb. L. Rev. 609
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