Medical Malpractice Rules in Nebraska
The deadline to file a medical malpractice claim in Nebraska, the discovery rule, and caps on damages.
Short answer: Two years after the act or omission. If the claim was not discovered and could not reasonably have been discovered within two years, it may be filed within one year after discovery (or discovery of facts that would reasonably lead to it), whichever is earlier. Neb. Rev. Stat. § 44-2828
| Medical malpractice deadline | Two years after the act or omission. If the claim was not discovered and could not reasonably have been discovered within two years, it may be filed within one year after discovery (or discovery of facts that would reasonably lead to it), whichever is earlier. In no event more than ten years after the professional service was rendered or should have been rendered. Source: Neb. Rev. Stat. § 44-2828 |
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| Medical malpractice caps | Yes, a cap on total damages (not just noneconomic). Under the Nebraska Hospital-Medical Liability Act, the total amount recoverable from all health care providers and the Excess Liability Fund for any occurrence after December 31, 2014 may not exceed $2,250,000. A qualified health care provider is not liable for more than $800,000; amounts above that, up to the cap, are paid by the Excess Liability Fund. Source: Neb. Rev. Stat. § 44-2825 |
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FAQ
What is the statute of limitations for medical malpractice in Nebraska?
Two years after the act or omission. If the claim was not discovered and could not reasonably have been discovered within two years, it may be filed within one year after discovery (or discovery of facts that would reasonably lead to it), whichever is earlier. In no event more than ten years after the professional service was rendered or should have been rendered.
Is there a cap on medical malpractice damages in Nebraska?
Yes, a cap on total damages (not just noneconomic). Under the Nebraska Hospital-Medical Liability Act, the total amount recoverable from all health care providers and the Excess Liability Fund for any occurrence after December 31, 2014 may not exceed $2,250,000. A qualified health care provider is not liable for more than $800,000; amounts above that, up to the cap, are paid by the Excess Liability Fund.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.