Nebraska Medical Malpractice Laws

If the malpractice was not discovered and could not reasonably have been discovered within the 2-year period, the plaintiff has 1 year from the date of discovery (or facts leading to discovery) to file suit, subject to the 10-year repose.

The statute of limitations is tolled while the plaintiff is a minor. However, the 10-year statute of repose still applies and is not tolled by minority status.

Total damages from all health care providers and the Excess Liability Fund are capped at $2.25 million for occurrences after December 31, 2014. This cap includes BOTH economic and non-economic damages — an unusual provision compared to most states that cap only non-economic damages. For occurrences between Jan 1, 2004 and Dec 31, 2014, the cap is $1.75 million.

A qualified health care provider under the Act is not liable to any patient for more than $800,000 for all claims arising from a single occurrence. Amounts above this are paid from the Excess Liability Fund.

Before filing a medical malpractice lawsuit, the proposed complaint must be submitted to a medical review panel for consideration, pursuant to Neb. Rev. Stat. § 44-2840. The panel reviews evidence including medical records, depositions, and expert testimony, and must issue a majority opinion within 30 days. The panel review can be waived if the plaintiff specifically requests it.

Health care providers must qualify under the Hospital-Medical Liability Act by paying a surcharge to the Excess Liability Fund administered by the Nebraska Department of Insurance. Qualified providers receive the $800,000 individual liability cap; the Fund covers amounts between $800,000 and $2.25 million.

Expert witnesses must be qualified by knowledge, skill, experience, training, or education in the relevant field. Testimony must assist the trier of fact in understanding the evidence or determining a fact in issue. Nebraska does not have a specific "same specialty" requirement by statute, but expert qualifications are evaluated on a case-by-case basis.

The Act provides the complete framework for medical malpractice claims in Nebraska, including the damage cap, Excess Liability Fund, medical review panel process, and qualification requirements for health care providers.