Patients who are harmed by medical malpractice should consult an experienced Nebraska medical malpractice attorney as soon as possible. A delay could result in losing the opportunity to receive compensation.
Malpractice cases involve special rules and procedures that patients must learn about for their claim to succeed. This article will discuss several topics including compensation limits, the medical review panel requirement, and the statute of limitations.
Statute of Limitations
Many states have statutes of limitations, which are legal time limits that prevent a person from filing a lawsuit after a specific date. These statutes are important for preserving evidence, preventing fraudulent claims, and ensuring efficiency and fairness in the legal system.
In Nebraska, medical malpractice cases must be filed within ten years of the alleged negligence or they will be forever time-barred. However, Nebraska also has a Discovery Rule that is integrated into the standard statute of limitations. This states that people have two years to file a claim after they discover the injury or facts that would reasonably lead them to discover it.
Additionally, the state has a damages cap for medical malpractice cases. This limit applies to both noneconomic and economic damages, including things like pain and suffering and loss of income. The cap is set at $2,250,000 per occurrence. It is one of the highest caps in the country. The state also has an excess liability fund, which works much like a regular commercial professional liability insurance policy.
Damages Cap
In Nebraska, medical malpractice occurs when a healthcare provider fails to exercise the ordinary care, skill and knowledge ordinarily possessed and used under like circumstances by members of the profession in a similar practice at a comparable location. An experienced attorney can help you determine whether or not your medical professional breached this standard.
Malpractice claims in Nebraska must first go through a medical review panel, per state law. The purpose of the panel is to determine whether the claimant’s alleged injury or illness resulted from professional negligence. This process also establishes a patient’s preexisting condition did not contribute to the alleged malpractice.
As in other states, Nebraska has a damages cap for patients injured by medical malpractice. However, unlike many states that only cap certain types of compensation, the Nebraska damages cap includes non-economic damages such as pain and suffering. This can leave some patients unable to recover adequate amounts of compensation. Fortunately, an experienced Nebraska malpractice attorney can help you navigate this difficult issue.
Patient-Doctor Relationship
The doctor-patient relationship is fiduciary in nature, and physicians have certain obligations based on this. Among other things, physicians must tell patients the truth about their medical conditions and treatment options (though exceptions are allowed when knowing the truth would be medically harmful).
According to a survey from online booking platform Zocdoc, people also want doctors who ask good questions, make them feel comfortable, and communicate clearly. People who were injured by a negligent medical professional may have a claim for damages.
Medical malpractice claims are complex and require specialized legal knowledge. A Nebraska Medical Malpractice Lawyer can help navigate the medical evidence, hire medical experts, and prepare a damages claim.
It is critical to work with a nebraska medical malpractice attorney who has experience representing clients with injuries similar to yours. They can calculate your future medical costs, which is a vital part of your damages claim. They can also help you understand the complex legal rules and compensation limits that apply to medical malpractice claims in Nebraska.
Medical Review Panel
Before medical malpractice victims can file a lawsuit against health care providers in Nebraska, the state’s law requires they go through a medical review panel. The panel consists of three doctors and one lawyer who reviews the merits of each claim before the plaintiff can file in court.
The panel’s opinion will help to determine whether or not the malpractice occurred and whether it violated the prevailing standard of care. The panel also will decide if there are damages to recover. This includes economic and non-economic damages, which can include future costs for treatment, lost wages, loss of consortium, disfigurement, mental distress, pain and suffering, and more.
If you’re considering filing a medical malpractice lawsuit, it is important to work with an experienced legal team. A qualified attorney can explain the statute of limitations and damages cap, assess the case for medical negligence, employ medical experts, and ensure the lawsuit is filed in a timely manner.
