Chris and James Welsh of Welsh & Welsh
Proudly fighting for the Omaha community for over 65 years.

Requirements of Filing a Medical Malpractice Lawsuit in Nebraska

Published on May 21, 2018 at 12:36 pm in Medical Malpractice.

It’s common to trust your health care provider to help you maintain your health or give you proper treatment to get better. When a doctor, nurse, surgeon, or pharmacist acts negligently, you can suffer serious injuries. But you have the option to stand up for yourself and file a medical malpractice claim.

These claims can be complicated and need professionals who have handled medical malpractice cases before. If you or a loved one has been injured because of a health care provider’s negligence, an Omaha medical malpractice lawyer from Welsh& Welsh can help you with your claim.

Our goal is to get justice for our clients. You deserve a favorable settlement that will cover your medical expenses, lost wages, and pain and suffering. You also hold the health care provider responsible for their actions. Your claim could make them adopt changes to ensure this never happens again, and potentially keep this from happening to someone else.

What Does a Medical Malpractice Lawsuit Need?

Filing a medical malpractice lawsuit in Nebraska requires several key elements. Without meeting the follow criteria, your claim may be rejected. Your medical malpractice lawyer will make sure your claim has what it needs to be successful.

  • Proof of Doctor-Patient Relationship. If you’re filing a claim against a doctor, you need to prove that you hired them and they agreed to treat you.
  • Standard of Care Wasn’t Met. Medical professionals are expected to meet a standard of care, or the care that most medical professionals would have provided if they were treating you. It’s important that you know malpractice isn’t the norm and a competent doctor wouldn’t have caused your injuries.
  • Injuries Caused by Negligence. You need to show that your injuries were a direct result of the medical professional’s negligence.
  • Claim Filed within the Statute of Limitations. Medical malpractice claims have a time limit of up to two years after the malpractice occurred.
  • Reviewed by a Panel. According to the Nebraska Revised Stature 44-2840, a medical review panel has to look at malpractice claims against health care providers before they’re filed. There can’t be any action taken against the health care provider until the case has been reviewed.

What Are Common Types of Medical Malpractice?

You may wonder what kind of medical malpractice claims are commonly made. The following includes negligence that could result in a medical malpractice claim:

  • Surgical Error. Surgeons may perform an operation on the wrong area, also known as wrong-site surgery. They could also do the wrong operation on a patient. Sometimes, surgical tools are left inside the patient, which can cause infection and requires another surgery to remove the tool.
  • Failure to Diagnose or Recognize Symptoms. A negligent doctor can misread a test, lab results, or symptoms that a competent doctor wouldn’t have missed. This can result in failing to give a diagnosis or misdiagnosing the patient, which could lead them down the wrong treatment path and allow the original illness to worsen.
  • Given Improper Medication. If patients are given the wrong medication or the wrong dosage, the medication won’t treat what it’s supposed to and the patient is at risk of further injury. The wrong medication could react to another drug the patient is taking or could aggravate a pre-existing condition.
  • Withheld Risk Information. Before undergoing any operation, a doctor is supposed to inform the patient about any risks involved with the procedure or a treatment. Failing to do so means a patient is giving their consent without all of the facts. They may have not agreed to go through with the procedure or treatment if they knew the risks.

At Welsh & Welsh, we understand that a medical malpractice claim won’t undo what damage was done. However, it can provide crucial financial compensation that will help you move forward so you can focus on your recovery.