Medical malpractice is an unfortunate event that can occur in any state in the country, including Nebraska. Medical malpractice cases can be complex, and it can be difficult to navigate the legal system without the help of an experienced attorney. In this guide, you will learn everything you need to know about medical malpractice cases in Nebraska.
Table of Contents
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider breaches the standard of care while treating a patient, causing the patient harm. The standard of care is the level of care that a competent healthcare provider would provide under the same circumstances. The breach of this standard can occur due to negligence, omission, or intentional wrongdoing.
Some Common Examples Of Medical Malpractice
Medical malpractice can occur in many ways. Here are some common examples:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Anesthesia errors
- Birth injuries
- Failure to diagnose cancer
Medical Malpractice Laws In Nebraska
The state of Nebraska has specific laws regarding medical malpractice cases. Here are some of the key things you need to know:
Statute Of Limitations
In Nebraska, there is a two-year statute of limitations for medical malpractice cases. That means you have two years from the date of the injury to file a lawsuit. There are some exceptions to this rule, though, so it’s best to consult with an attorney if you are unsure.
Limits On Damages
In Nebraska, there are no limits on economic damages, such as medical bills and lost wages. However, there is a cap on non-economic damages, such as pain and suffering. The cap is currently set at $2.25 million.
Medical Expert Testimony
To prove a medical malpractice case, you will need a medical expert to testify about the standard of care and how it was breached. This expert must be someone who is knowledgeable about the specific type of healthcare that was involved in the case.
How To File A Medical Malpractice Case In Nebraska
Filing a medical malpractice case can be a complicated process. Here’s what you need to know to get started:
Find An Attorney
The first step in filing a medical malpractice case is to find an experienced attorney. Look for an attorney who has a background in medical malpractice cases and who has experience in Nebraska.
Obtain Medical Records
Your attorney will need to obtain your medical records to review the details of your case. This may involve a formal request to the healthcare provider.
Get A Medical Expert Opinion
Your attorney will need to consult with a medical expert to determine if there was a breach in the standard of care. This expert will then provide a written opinion that can be used in court.
File A Complaint
If all the above steps are in place, your attorney will file a complaint against the healthcare provider(s) involved in your case.
What To Expect During A Medical Malpractice Case
Medical malpractice cases can take many months or even years to resolve. Here are some things you can expect during the process:
- Discovery Process: Both sides will gather evidence, and depositions may be taken.
- Settlement Negotiations: It’s possible that a settlement offer may be made by the healthcare provider’s insurance company.
- Trial: If a settlement cannot be reached, the case will go to trial.
Conclusion
Medical malpractice cases can be complicated, but with the right attorney, you can get the compensation you deserve. If you believe you have been a victim of medical malpractice in Nebraska, don’t hesitate to consult with an experienced attorney. They can guide you through the process and help you secure the compensation you need to move forward.