Nebraska's Medical Malpractice Laws: A Lawyer's Guide to Navigating the Complexities of Medical Negligence Claims

Introduction

When a patient enters a doctor's office or hospital, they inherently trust that the medical professional will do what is in their best interest. Unfortunately, medical mistakes can happen. Even worse, sometimes those mistakes can have serious and sometimes fatal consequences. When a medical professional deviates from the accepted standard of care, it can result in medical malpractice. If you or a loved one have been harmed by medical negligence, you may have a valid claim for medical malpractice. However, navigating Nebraska's medical malpractice laws can be a complex and overwhelming process. In this guide, we will discuss the key details of Nebraska's medical malpractice laws, and help you understand what you need to know to navigate the complexities of medical negligence claims.

What is Medical Malpractice?

Medical malpractice, also referred to as medical negligence, occurs when a medical professional fails to provide the accepted standard of care and results in injury or harm to a patient. This injury can be physical, emotional, or even financial. Medical malpractice can occur in any healthcare setting, including hospitals, doctors' offices, nursing homes, and clinics.

In Nebraska, medical malpractice lawsuits are governed by state law. Nebraska is one of 32 states that placed a cap on damages for medical malpractice claims. This means that an individual cannot receive more than $2.25 million in damages for medical malpractice claims unless there is a finding that the healthcare provider acted with willful, wanton, or reckless disregard for the rights or safety of others.

Elements of a Medical Malpractice Case

To prove a case of medical malpractice, the plaintiff must prove the following elements:

- Duty of Care- The medical professional must have had a duty to follow a certain standard of care.
- Breach- The medical professional must have breached that standard of care.
- Injury- The plaintiff (patient) must have suffered an injury that was caused by the breach of the standard of care.
- Causation- The plaintiff (patient) must prove that the injury was caused by the breach of the standard of care.

Duty of Care

The medical professional has a duty to provide care to their patients that is consistent with the generally accepted medical practices of their profession. This means that they have a responsibility to take appropriate steps to protect their patients from harm and injury. In Nebraska, the duty of care is defined as what a healthcare provider of the same specialty and training would do under similar circumstances.

Breach

If a medical professional fails to provide the accepted standard of care, they have breached their duty of care. This can occur in many ways, including:

- Misdiagnosis or delayed diagnosis
- Failure to obtain informed consent
- Surgical errors
- Medication errors
- Failure to properly monitor a patient

Injury

The plaintiff (patient) must have suffered an injury that was caused by the breach of the standard of care. The injury can be physical or emotional, and can include complications that occur as a result of the medical professional's actions.

Causation

Finally, the plaintiff (patient) must prove that the injury was caused by the breach of the standard of care. This means that they must demonstrate that the medical professional's actions directly led to the injury or harm that was suffered.

Statute of Limitations

Like all legal claims, there are deadlines for filing medical malpractice cases in Nebraska. The statute of limitations for medical malpractice claims in Nebraska is two years from the date of the injury or the date that the injury should have been discovered. There are also exceptions to the statute of limitations if the injured person is under the age of 21 or is mentally incompetent.

However, Nebraska also has a "statute of repose" for the filing of medical malpractice claims. This places a final deadline on the ability to file a claim for medical malpractice, regardless of when the injury was discovered or the time of occurrence. In Nebraska, the statute of repose is ten years from the date of occurrence of the act or omission giving rise to the injury.

Joint and Several Liability

In some situations, more than one healthcare professional may have contributed to the injury or harm suffered by a patient. In these cases, Nebraska operates under a system of joint and several liability. This means that if multiple healthcare professionals are found to be liable for medical malpractice, they can be held jointly and severally responsible for paying damages. This allows the injured patient to collect their full reward from any of the negligent parties, regardless of how much each party contributed to the harm suffered by the patient.

Expert Testimony

As with many legal cases, expert testimony can play a critical role in medical malpractice claims. In order to prove that a medical professional failed to meet their duty of care, it is often necessary to present testimony from a medical expert. In Nebraska, the expert must have the same or similar qualifications as the defendant medical professional and must have extensive experience with the medical issues at the heart of the case.

Conclusion

In conclusion, medical malpractice cases in Nebraska can be difficult and complex. However, if you or a loved one has been the victim of medical negligence, it is critical to understand your rights and take action to protect them. By understanding the elements of a medical malpractice claim, the statute of limitations, joint and several liability, and the importance of expert testimony, you can navigate Nebraska's medical malpractice laws with the best chance of success. While no amount of money can fully compensate for the harm suffered as a result of medical negligence, pursuing a medical malpractice claim can help hold negligent healthcare professionals accountable and provide the financial resources necessary to move forward with recovery.