Nebraska Birth Injury Lawyers

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Nebraska Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

Neb. Rev. Stat. §44-2828 and §25-213 Two years from injury or one year from reasonable discovery; in no event longer than 10 years from injury. Minors under age 20: shall be entitled to bring such action after reaching majority.

Nebraska Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

§44-2825. Total damages limited to $1,750,000. Health care provider liability limited to $500,000. Any excess of total liability of all health care providers paid from Excess Liability Fund.

Limits on Attorney Fees

§44-2834. In all cases against a health care provider for malpractice or professional negligence, upon motion of either party the court shall review the attorney's fees incurred by that party and allow such compensation as the court shall deem reasonable.

Periodic Payments

No applicable statute.

Patient Compensation or Injury Fund

§44-2829 et seq. Excess Liability Fund participation required and surcharge assessed to physicians.

Medical or Peer Review Panels

§25-12,123. Confidentiality of peer review committees

§71-2046 et seq. Medical staff review committees

§71-7901 et seq. Peer review committees