Medical Malpractice Statute of Repose: An Unconstitutional Denial of Access to the Courts: Colton v. Dewey, 212 Neb. 126, 321 N.W.2d 913 (1982)

Authors

Patrick E. Sullivan, University of Nebraska College of Law

Abstract

I. Introduction

II. The Colton Decision

III. Analysis ... A. TheDevelopment of the Statute of Repose ... B. Constitutionality of the Statute of Repose under Nebraska's Access-to-the-Courts Provision ... 1. Construction Given Access-to-the-Courts Provision ... a. "No Restriction" Theory ... b. "Due Process" Theory ... c. "Constitutional Incorporation" Theory ... 2. Nebraska's Construction of Article I, Section 13 ... a. Development of Constitutional Incorporation in Nebraska ... b. Where Plaintiff Could Have Maintained His Action When the Constitution Was Adopted ... c. Where Plaintiff Could Not Have Maintained His Action When the Constitution Was Adopted ... 3. Validity of the Statute of Repose under "Constitutional Incorporation" Theory ... C. The Substantive/Procedural Distinction As a "Test" of Violation of Access to the Courts

IV. Conclusion

Recommended Citation

Patrick E. Sullivan, Medical Malpractice Statute of Repose: An Unconstitutional Denial of Access to the Courts: Colton v. Dewey, 212 Neb. 126, 321 N.W.2d 913 (1982), 63 Neb. L. Rev. (1984)
Available at: https://digitalcommons.unl.edu/nlr/vol63/iss1/6