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Statute of Limitations

Any action must be commenced within two years after the act or omission that provides the basis for the action, or within one year after the claimant discovered the act or omission or discovered facts that should reasonably have led to such discovery

Comparative or contributory negligence

form of comparative negligence, claimant's damages are reduced in proportion to his share of negligence.

Nature of accused's liability

liability of each defendant for economic damages is joint and several, but liability for non-economic damages is several only and non-economic damages are allocated by percentage of negligence

Law of contribution

a right to equitable contribution exists among joint tortfeasors

Expert testimony standards

Nebraska does not have a statute specifically dealing with expert testimony in medical malpractice cases

Limits on compensation

none

Limits on attorney fees

none

Collateral Source rule enforced

nonrefundable medical reimbursement insurance is not admissible in evidence, but such benefits, less all premiums paid by or for the plaintiff, may be taken as a credit against any judgment rendered.

State and local health care providers immune from liabaility

The Nebraska State Tort Claims Act provides the exclusive remedy for tort actions against the state, state agencies, state officers, and state employees.The state is liable in the same manner and to the same extent as a private individual.

Select Your State

Select Your State

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Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability