Chris and James Welsh of Welsh & Welsh
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A Brief Guide to Nebraska Medical Malpractice Laws

Published on Sep 25, 2018 at 2:20 pm in Medical Malpractice.

Compared to other injury-related lawsuits, medical malpractice cases can be incredibly complex. This is because of the special procedural rules and compensation limits, as well as the legal issues with medical evidence.

Medical malpractice occurs when a healthcare professional breaches their duty to care for a patient in an effective and knowledgeable way. This breach leads to injury or a worsened condition. The most common examples include mistakes or delays in diagnosis or treatment, medications errors, birth injuries, and surgical errors.

In order to successfully achieve your legal goals in the event of medical malpractice, you’ll need to understand how Nebraska defines medical malpractice, as well as how the proceedings work and what compensation you may be eligible for. For a comprehensive list of Nebraska’s medical malpractice statutes, visit Creighton University.

Who Can Be Sued in Nebraska for Medical Malpractice?

Any negligent healthcare provider can be sued in Nebraska for medical malpractice. This may include doctors, nurses, psychologists, midwives, or physical therapists. Health care providers can also be larger entities, like hospitals medical clinics and groups, and assisted living facilities.

Lawsuits against medical organizations are often more complicated than those against a single person.

What are the Damage Limits?

As determined by Revised Statute 44-2825, there are caps placed on the damages received for medical malpractice. This includes both economic and noneconomic damages.

If the malpractice occurred after December 31, 1992, but on or before December 31, 2003, the limit is $1.25 million. $1.75 million is the cap set for malpractice occurring after December 31, 2003, but before December 31, 2014. For medical malpractice occurred after December 31, 2014, the cap is $2.25 million.

If the health care provider qualifies under the Hospital-Medical Liability Act, they will not have to pay more than $500,000. Any addition damages are paid by the Excess Liability Fund.

What is the Statute of Limitations for a Medical Malpractice Claim in Nebraska?

A statute of limitations establishes time limits on filing any kind of lawsuit in court. In Nebraska, according to Revised Statute 44-2828, the injured party has two years from the date the injury occurs to file their claim or one year after the injury was discovered. All cases must be filed within ten years of the date of injury, no matter when the harm was discovered.

If you neglect to file your case within these time limits, the court has the right to throw out your case.

Due to the number of Nebraska laws that impact medical malpractice cases, it may be a good idea to seek experienced legal counsel to help you with your case. Our Omaha medical malpractice lawyers can help you prepare your case to seek the compensation you deserve for your injury. Discuss your claim with our firm today.