Nebraska Medical Malpractice Law - An Overview
By Aaron Larson
Law Offices of Aaron Larson
July, 2004
Important Notice: The following overview of Nebraska's medical malpractice laws is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of medical malpractice law and may not reflect subsequent changes in the law. For a full review of Nebraska's medical malpractice law, or for a determination of how the law applies to a specific incident or injury, please consult a malpractice lawyer licensed to practice in the state of Nebraska.
Contents
- What Is Medical Malpractice
- Limits on Malpractice Damages
- Collateral Source Rule
- Rules for Expert Witnesses
- Joint and Several Liability
- Statute of Limitations
- Limits on Attorney Fees
- Additional Rules
- Why Use A Malpractice Lawyer
What Is Medical Malpractice
Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:
- Misdiagnosis of, or failure to diagnose , a disease or medical condition;
- Failure to provide appropriate treatment for a medical condition;
- Unreasonable delay in treating a diagnosed medical condition;
Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.
Limits on Malpractice Damages
Nebraska limits the total amount recoverable from health care providers to $500,000 per defendant, or a total for all defendants of $1.25 million. Recovery in excess of these limits is paid from the Excess Liability Fund.
Collateral Source Rule
Under a traditional collateral source rule, a defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources, such as the plaintiff's own insurance coverage. For medical malpractice cases in Nebraska, nonrefundable medical reimbursement insurance is not admissible in evidence, but such benefits, less all premiums paid by or for the plaintiff, may be taken as a credit against any judgment rendered.
Rules for Expert Witnesses
Nebraska does not impose special rules on expert witnesses in medical malpractice cases.
Joint and Several Liability
Under a traditional rule of joint and several liability, where more than one defendant is found liable for the injury suffered by a plaintiff, each defendant is individually liable for the entire amount of the judgment, such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment. Nebraska has abolished joint and several liability for noneconomic damages, except in situations where two or more defendants act in concert to commit harm.
Statute of Limitations
Medical malpractice actions must be filed within two years of the act or omission giving rise to the claim, or within one year from the date the injury was or should have been discovered. All medical malpractice actions must be filed within ten years of the date of the act or omission giving rise to the claim, regardless of when the injury is discovered. Under Nebraska law, the statute of limitations begins to run on a minor's twentieth birthday.
Limits on Attorney Fees
A court may review attorney fees for reasonableness.
Additional Rules
Nebraska mandates the evaluation of malpractice claims by a Medical Review Panel.
Why Use A Malpractice Lawyer
Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be fiercely defended by well-funded defense firms.
Injured by a medical mistake? Talk to a medical malpractice lawyer for free.
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Medical malpractice lawsuits can be exceptionally expensive to pursue, with costs often exceeding $100,000.00. Due to the technical skills involved in prosecuting a malpractice claim, the possibility that an inexperienced lawyer may not be sufficiently conversant with the medical issues, or might make a technical error which causes a case to be lost or dismissed, and the very high costs the malpractice law firm typically must advance, an injured patient is very well served by going with a specialist firm.
Even within the specialized practice of medical malpractice law, you will find that some lawyers have subspecialties of practice, for example focusing on surgical errors, misdiagnosis, or birth trauma cases.
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