Nebraska (NE) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Nebraska.
Damage Cap
$2,250,000 total damages cap (applies to claims under the Nebraska Hospital-Medical Liability Act)
Statute of Limitations
2 years from the date the alleged act of malpractice occurred
Discovery Rule
Nebraska applies the discovery rule in a limited fashion; the statute is generally triggered by the act, but may be tolled where the patient could not have reasonably discovered the injury, subject to a 10-year statute of repose.
Pre-Filing Requirements
Claims must be submitted to a medical review panel before filing suit. The panel issues an opinion on whether the standard of care was met.
Average Settlement
$175,000 - $400,000
Average Verdict
$300,000 - $950,000
Key Facts About Nebraska Medical Malpractice Law
- 1Nebraska imposes a total damages cap of $2.25 million for claims under the Hospital-Medical Liability Act.
- 2A mandatory medical review panel must review the claim before a lawsuit can be filed in court.
- 3Nebraska follows a modified comparative fault system with a 50% bar — plaintiffs at or above 50% fault are barred from recovery.
- 4Punitive damages are generally not available in medical malpractice actions in Nebraska.
Need Help with a Nebraska Medical Malpractice Case?
If you believe you have a medical malpractice claim in Nebraska, it is important to act quickly. The statute of limitations in Nebraska is 2 years from the date the alleged act of malpractice occurred. Most medical malpractice attorneys offer free initial consultations.