44-2844. Request for review of a claim; filed; toll statute of limitations; panel report; admissible as evidence; panelist; immunity.
(1) The filing of the request for review of a claim shall toll the applicable statute of limitations for a period of ninety days following the issuance of the opinion by the medical review panel. The request for review of a claim shall be deemed filed when copy of the request together with a copy of the proposed complaint is delivered or mailed by registered or certified mail to the director, who shall immediately forward a copy to each health care provider named as a defendant at his last and usual place of residence or his office.
(2) The report or any minority report of the medical review panel shall be admissible as evidence in any action subsequently brought by the claimant in a court of law, but such report shall not be conclusive and either party shall have the right to call any member of the medical review panel as a witness. If called, the witness shall be required to appear and testify.
(3) A panelist shall have absolute immunity from civil liability for all communications, findings, opinions and conclusions made in the course and scope of duties prescribed by sections 44-2801 to 44-2855.
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Annotations
The word toll, as used in this section, means to interrupt, suspend, or temporarily stop the running of the statute of limitations. Jacobs v. Goetowski, 221 Neb. 281, 376 N.W.2d 773 (1985).
Under this section, the running of the statute of limitations, as set out in section 44-2828, is interrupted during the medical review proceedings and recommences ninety days after the medical review panel issues its opinion. Jacobs v. Goetowski, 221 Neb. 281, 376 N.W.2d 773 (1985).
Statute of limitations is tolled while a claim is before the medical review panel and for ninety days following its opinion. Prendergast v. Nelson, 199 Neb. 97, 256 N.W.2d 657 (1977).
The report, or any minority report, of the review panel is admissible evidence if suit follows. Prendergast v. Nelson, 199 Neb. 97, 256 N.W.2d 657 (1977).
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