A Short Guide to Nebraska Medical Malpractice Claims
Dealing with a personal injury can be stressful and difficult, and we rely on our medical professionals to give us the proper treatment we need when we need it. But what happens when our doctors do not do their job correctly in our situation? There are a number of instances that can occur that would allow an individual to file a lawsuit against their provider and engage in a medical malpractice claim.
What does this entail and how can you make sure your case is successful? You should understand how this type of lawsuit works and what you can expect.
In the state of Nebraska, an individual can file a medical malpractice claim against their provider if any of the following four things have occurred:
- Their doctor made an error with their medication
- Injuries were sustained at birth
- Treatment or diagnosing an illness or injury was intentionally delayed
- There were mistakes in the person’s treatment or diagnosis
Any of these instances could potentially cause an immense amount of pain and suffering, so how can you actually go about seeking damages? Your first step should be to retain legal counsel and ensure that your attorney is experienced and well-versed in medical malpractice lawsuits.
Then, you and your attorney will work together to determine who is responsible for the malpractice. In Nebraska, a wide variety of medical professionals can be sued for malpractice, including nurses and doctors, midwives, assisted living facilities, or medical groups.
Timeliness Makes A Difference
Like other types of lawsuits, medical malpractice claims in Nebraska have a specific statute of limitations. They are fairly specific, and account for varying circumstances in terms of the patient’s age and the discovery of the incident. In general, the limitations are as follows:
- Children are not subject to any statute of limitations until they reach age 20
- Adults have two years to file a claim from the date of the negligence
- If the malpractice is not discovered until after the two year mark, individuals can file suit up to one year after the discovery
- All patients have a maximum of ten years after the incident in which they can file a claim against a provider
How Much Money Could I Expect?
Nebraska does enforce caps on the amount of damages an individual might receive from a malpractice claim. While some states only require a cap on some types of damages, Nebraska’s reward cap is for all types of damages, including lost wages, pain and suffering, and payment for medical care. Depending on the date the incident occurred, plaintiffs can receive a maximum of $1.25 million up to $2.25 million.
If you suspect you are a victim of medical malpractice, contact Inkelaar Law right away. Our experience with personal injury and malpractice suits is second to none and we will fight for your rights.