Every state, including Nebraska, has deadlines—or statute of limitations—for filing medical malpractice lawsuits. In Nebraska, the standard deadline is within two years after the act or omission that provides the basis for the action, or within one year after the claimant discovered the act or omission or discovered facts that should reasonably have led to such discovery. Claimant’s may not take any action for medical malpractice more than ten years after the act or omission that provides the basis for the action. If the claimant is, at the time the cause of action accrues, under the age of 21 or suffering from a mental disorder, the limitations period does not begin to run until the disability is removed.
Nebraska is a pure comparative negligence state. This means a claimant’s contributory negligence does not bar recovery. However, damages are reduced in proportion to the amount of negligence attributable to the claimant.
In 2016, Nebraska had 9,316 licensed physicians within a population of 1,907,116 residents, equaling 488 physicians for every 100,000 people. Medical malpractice suits in 2015 were 25.6 per 100,000 residents, with a total payout of $13.7 million. This represents a 17.8% decrease from 2014. In 2015, Nebraska ranked 16th in medical malpractice lawsuits. The most common three types of medicine practiced as of 2012 were family medicine/general practice, internal medicine, and pediatrics. According to Medscape, Nebraska is the 19th best state in which to practice medicine.
• Industry Average Cost of a Nebraska Medical Malpractice Insurance Policy: $6,049
• Is Medical Malpractice Insurance Required in Nebraska?Requirements are in place to qualify for state liability reforms
• Minimum Carrying Requirements in Nebraska: Health care providers are required to carry malpractice insurance with limits of $500,000 per occurrence and $1M aggregate per policy period. The Excess Liability Fund then provides coverage for any damages exceeding these amounts but falling below the applicable damage cap.
• What are the medical malpractice damage caps in Nebraska? An incident of medical malpractice occurring before December 31, 2014, has a damage cap of $2.25 million. Those that took place before this date but after December 31, 2003, have a cap of $1.75 million. Those that took place between December 31, 1992, and December 31, 2003, have a cap of $1.25 million.
• What is the “statute of limitations” for a medical malpractice complaint? 2 years, Nebraska Revised Statutes section 44-2828