Nebraska Medical Malpractice Archives - Medical Malpractice Lawyers

Nebraska Supreme Court Overturns Medical Malpractice Defense Verdict Due To Erroneous Jury Instruction

August 13, 2025

In 2013, Dawn M. Morgan-Baker was admitted to the labor and delivery unit of a hospital operated by Alegent Creighton Health Creighton University Medical Center, LLC, in Omaha, Nebraska, for her anticipated delivery of her son, J.R.M.B. (J.R.). She was at 36 weeks gestation. She had suffered a fall [...]

Nebraska Supreme Court Says Plaintiffs’ Experts In Birth Injury Medical Malpractice Case Not Qualified To Offer Opinions

June 28, 2023

Experts In Birth Injury Case Not Qualified To Offer Opinions: The Nebraska Supreme Court stated in its opinion filed on May 5, 2023 in a birth injury medical malpractice case, “the burden is on the proponent of standard-of-care testimony to demonstrate that the expert is familiar with the cust[...]

Recoverable Damages In Negligent Reproductive Health Care Cases

Nebraska Supreme Court Applies Res Ipsa Loquitur In Reinstating Medical Malpractice Case Involving Knee Infection After Joint Injection

June 18, 2022

The Nebraska Supreme Court held in its opinion filed on April 8, 2022 in a Nebraska medical malpractice case where the plaintiff alleged that he developed a serious infection in his knee following an injection into the joint, “The evidence presented by Freedom Healthcare was that it is extreme[...]

Nebraska Appellate Court Grants Medical Malpractice Plaintiff’s Attempt To Amend Her Complaint

June 8, 2022

The Nebraska Court of Appeals (“Nebraska Appellate Court”) stated in its opinion filed on March 29, 2022 in a Nebraska medical malpractice case where the plaintiff alleged that a certified midwife’s negligence caused the death of her baby in utero, “the question here is wheth[...]

Nebraska Medical Malpractice Jury Awards $26.1M Against Children’s Hospital For Failing To Treat Infant’s Seizures

March 5, 2022

On November 24, 2021, a Nebraska medical malpractice jury awarded $26.1 million against Children’s Hospital & Medical Center in a medical malpractice case that alleged that it failed to properly treat a child who suffered seizures in January 2017 after she fell while standing on a toy at a day[...]

Nebraska Supreme Court Affirms Trial Court’s Refusal To Compel Arbitration Of Nursing Home Claim

July 11, 2018

The Nebraska Supreme Court held in its opinion filed on June 15, 2018 that: (1) in the absence of a contractual provision evidencing clear and unmistakable intent to the contrary, the issue of whether an arbitration agreement is enforceable is for a court to decide and not an arbitrator, and (2) the[...]

Nebraska Supreme Court Finds Trial Court Properly Exercised Gatekeeper Role Regarding Medical Malpractice Expert Testimony

April 16, 2018

The Nebraska Supreme Court held in its opinion filed on March 30, 2018 that the trial court in a Nebraska medical malpractice case did not fail to perform its Daubert/Schafersman gatekeeping function by allowing certain expert testimony that led to a defense verdict. The district court had admitted,[...]

Nebraska Supreme Court Rejects Loss Of Chance Doctrine In Medical Malpractice Case

July 27, 2017

The Nebraska Supreme Court rejected the loss-of-chance doctrine in a Nebraska medical malpractice case where the plaintiff alleged that the failure to diagnose her breast cancer for one year increased the probability that she would suffer a recurrence of her breast cancer in the future. The Nebraska[...]

U.S. Court Of Appeals (8th Cir.) Upholds Nebraska’s Cap On Medical Malpractice Damages

July 17, 2017

In its opinion filed on June 22, 2017, the United States Court of Appeals for the Eighth Circuit (“U.S. Court of Appeals”) held that Nebraska’s cap on damages in medical malpractice cases did not violate the U.S. Constitution’s Seventh Amendment because the Seventh Amendment [...]

Nebraska Appellate Court Discusses Joint And Several Liability When One Medical Malpractice Defendant Settles

May 20, 2017

The Nebraska Court of Appeals filed a decision on April 18, 2017 in a Nebraska medical malpractice case where one of the named medical malpractice defendants settled with the plaintiff before trial and the case proceeded to trial against the remaining medical malpractice defendant, which resulted [...]

$11.5M Nebraska Medical Malpractice Verdict For Birth Injury

November 2, 2016

A Nebraska medical malpractice jury returned its verdict in the amount of $11.5 million in favor of a severely injured child who suffered brain damage during his delivery due to medical negligence. The Omaha medical malpractice jury reached its verdict on October 24, 2016 after a trial that lasted m[...]

$90K Nebraska Medical Malpractice Verdict For Amputated Leg

January 29, 2016

On January 14, 2016, a Nebraska medical malpractice jury returned its verdict in the amount of $90,000 in favor of a man who had to have his leg amputated that the jury determined was due to the medical negligence of the defendant vascular surgeon and his medical practice. The seven-person Nebraska [...]

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Category: Nebraska Medical Malpractice