Konsul v. Asensio

Summary

The court affirmed dismissal of the medical malpractice action with prejudice. It held that the defendant could not refuse deposition questions about other providers on a privilege theory based on the expert-consent statute, but that error was harmless. The plaintiff's expert lacked sufficient familiarity with Omaha or a medically similar community to testify about the applicable standard of care, leaving no evidence necessary to establish a prima facie malpractice claim and supporting a directed verdict.