Nebraska Medical Malpractice Statute of Limitations

Medical professionals face life and death situations every day.  There is every reason to expect that they will take every case seriously and treat every injury or illness with competence and commitment.  However, that does not always happen, and under current laws, these professionals are rarely charged with a crime for their mistakes.  The best avenue for deterring errors and recovering damages is through medical malpractice lawsuits. 

Negligence suits can be filed whenever a health care provider causes injury by failing to treat a patient with the level of skill and dedication that is to be reasonably expected of a similar physician in those circumstances.  The plaintiff has specific time limits within which to file a medical malpractice claim.  Those laws are found in every state and they vary from state to state.  In Nebraska, that law generally requires a suit to be filed within 2 years of the injury.

Time Limits for Filing a Claim in Nebraska

There are exceptions to most state statute of limitations laws, and Nebraska is no exception.  While someone with an injury due to the negligence of a medical professional must generally file their claim within 2 years of the injury, there are cases where the injury is not immediately detected.  Those victims have 1 year from the time they discovered the injury, or should have discovered the injury, to file a claim.  However, no medical malpractice suit may be filed more than 10 years after the date the injury occurred.  When the medical negligence results in the wrongful death of the patient, the medical malpractice claim must be filed within two years of the date of death.  For a minor, the 2-year statute of limitations begins to accrue on the date of the minor’s 20^th birthday.

Negligence Laws

Among the other negligence laws in the state of Nebraska is a court-mandated review of all attorneys’ fees to ensure they are reasonable.  In addition, every malpractice claim must be reviewed by a Medical Review Panel.  Other negligence laws are outlined in the following table:

Award Limits in Nebraska

Nebraska has enacted laws limiting the total damages from a medical malpractice lawsuit to $1,750,000.  Each health care provider can only be held liable for $500,000 or less.  Any additional liability that exceeds the total liability limit is to be paid from the Excess Liability Fund.

Legal Help

There is a great deal at stake in a medical malpractice lawsuit.  For some, it may be necessary to provide the primary means of support to someone who has been permanently injured as a result of negligent medical care.  In all cases, however, doctors and their insurers often have the best lawyers money can buy standing by their side.  No individual can stand up to that alone.  It is only logical to have an expert at your side in court as well.