Mark Novotny and Sarah Dempsey recently obtained the dismissal of a medical malpractice case filed against an orthopedic surgeon and his clinic arising out of a wrist surgery. The plaintiff had attempted to assert the claim as a claim for battery in an attempt to use the longer statute of limitations for the alleged intentional tort instead of the expired statute of limitations for alleged professional negligence. Mr. Novotny and Ms. Dempsey successfully argued that, under Nebraska law, the claim was not a battery claim but instead was properly considered as a claim alleging professional negligence. Accordingly, they argued, the claim was barred by the applicable statute of limitations. The court agreed and dismissed the case.
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