Were you hurt during surgery? Did a doctor misdiagnose you? Did a child suffer a birth injury? Did a medical professional hurt you in any way? If you are the victim of medical negligence, you can seek compensation, but you need to be aware of Nebraska’s limitations on malpractice claims.
If you are the victim of medical malpractice, you need to get a second opinion. If you haven’t already, visit one of the hospitals below or visit one near you:
University of Nebraska Medical Center
S 42nd St & Emile St, Omaha, NE 68198
Regional West Medical Center
4021 Ave B, Scottsbluff, NE 69361
CHI Health Good Samaritan
10 E 31st St, Kearney, NE 68847
Limitations on Medical Malpractice Claims
There are limits on medical malpractice claims in Nebraska that dictate how much compensation you can recover, how long you have to file your claim, and whether you have a valid case and should be allowed to proceed with civil action. It is important you understand the limitations imposed your medical negligence claim, or it could be in jeopardy.
Limits on Compensation
Nebraska limits or “caps” the amount of compensation you can recover for medical negligence claims. Nebraska Revised Statute 44-2825 sets the caps which depend on when the medical malpractice occurred. They are:
Claims for medical malpractice occurring before 1984 are capped at $500,000.
Claims for medical malpractice that occurred between 1992 and 2003 are capped at $1.25 million.
Claims for medical malpractice that took place between 2003 and 2014 are capped at $1.75 million, and
Claims for medical malpractice that took place after 2014 are capped at $2.25 million.
Time Limits of Medical Negligence Cases
There are time limits on every type of personal injury claim in Nebraska. Victims of medical malpractice must file their claim within two years of the date their injury occurred or one year from the date they discover their injury or their claims will be invalid.
Medical Review Panel
In Nebraska, if you want to file a malpractice claim, you must first appear before a medical review panel which will examine whether a medical professional acted according to the acceptable standard of care. A victim can waive their right to have their case reviewed by the panel, but the findings of the panel could be beneficial to their case.
If you do appear before the medical review panel, the statute of limitations is halted until the panel has issued its decision. After you appear before the panel, the clock on the statutes of limitations begins to run again in 90 days.
Speak with a Medical Malpractice Attorney
Victims of medical malpractice have a high bar of proof to meet if they want to recover the full settlement amount they deserve.
USAttorneys urges victims of the following medical negligence
Botched Plastic Surgery
Nevada Revised Statute 38-2025 requires any person practicing medicine or conducting surgeries to have the license. You can check the credentials of a doctor, hospital, surgeon or another medical professional by contacting on of the medical associations below:
You can check the credentials of a hospital by contacting:
The Nebraska Hospital Association
3255 Salt Creek Cir # 100, Lincoln, NE 68504
Nebraska Medical Association
233 S 13th St #1200, Lincoln, NE 68508