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CASEY v. LEVINE

No. S-99-079.

621 N.W.2d 482 (2001)

261 Neb. 1

Jacqueline CASEY, Appellant, and Richard Casey, Appellee, v. Michael A. LEVINE, M.D., et al., Appellees.

Supreme Court of Nebraska.

January 12, 2001.

Attorney(s) appearing for the Case

Edward F. Fogarty, of Fogarty, Lund & Gross, and Karen L. Tibbs, Omaha, for appellant.

James A. Snowden and Thomas B. Wood, of Wolfe, Snowden, Hurd, Luers & Ahl, Lincoln, for appellees Michael A. Levine, M.D., and Andrew Robertson, M.D.

Patrick W. Meyer, of Sodoro, Daly & Sodoro, Omaha, for appellee Methodist Hospital.

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

CONNOLLY, J.

This medical malpractice appeal presents the question whether the continuing treatment doctrine that tolls the statute of limitations against a physician should be extended to the alleged negligent acts of a hospital's nursing staff. We conclude in this case that in a malpractice claim against a hospital for the negligence of its nursing staff, the doctrine does not toll the statute of limitations past the date of the patient's discharge from the hospital...

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