Nebraska Medical Malpractice Laws

The total damages may not exceed $1,750,000, for which the health care provider is responsible up to $500,000 and the rest coming from the Excess Liability Fund. The statute of limitations is two years from injury or one year from reasonable discovery, not to exceed ten years. There is modified joint and several liability (joint and several liability for economic damages and several liability only for noneconomic damages). Attorney fees subject to court approval upon motion by a party. There is no provisions for periodic payments. For claims against health care providers covered by the Nebraska Hospital-Medical Liability Act, a review by a medical review panel before filing the claim in court may be waived by the claimant. There is no requirement for an affidavit or certificate of merit.

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