Many questions are left unanswered by the adoption of the discovery rule in Nebraska, but it is clear that the court intends to enlarge the opportunities for plaintiffs to obtain relief in malpractice cases. Whether the court intends to have the discovery rule supersede the end of treatment rule, or whether it intends to have them exist concurrently, will be clarified in later decisions. The concern shown by the court for the fair treatment of the injured patient makes it probable that the court will abandon any restriction of the discovery rule and apply it to all malpractice claims.
Richard D. Nelson,
Physicians—Applying the Statute of Limitations in Malpractice Cases—Spath v. Morrow (Neb. 1962),
42 Neb. L. Rev. 180
Available at: http://digitalcommons.unl.edu/nlr/vol42/iss1/8