NE · Health & Medical

Health & Medical in Nebraska

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Nebraska Law

Nebraska Revised Statutes Section 44-2828 (Nebraska Hospital-Medical Liability Act)

Nebraska's Hospital-Medical Liability Act (Neb. Rev. Stat. §§ 44-2801 to 44-2855) governs malpractice claims against qualified providers. The statute of limitations is two years from the act or omission under Neb. Rev. Stat. § 44-2828.

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Procedural Details in Nebraska

Nebraska requires all malpractice claims against qualified providers to be submitted to a review panel before filing suit under Neb. Rev. Stat. § 44-2840. A three-member panel (one attorney, one physician, one layperson) reviews the claim and issues a non-binding opinion admissible at trial. Nebraska caps total damages in medical malpractice at $2,250,000 per occurrence, with individual provider liability capped at $500,000 — excess paid from the Excess Liability Fund. Nebraska applies modified comparative fault (50% bar). The Nebraska Department of Health and Human Services — Licensure Unit investigates complaints.

Nebraska Agencies & Resources

Nebraska Department of Health and Human Services — Licensure

Licenses and disciplines physicians in Nebraska; handles professional conduct complaints.

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Nebraska Medical Review Panel

Administers the mandatory pre-litigation medical review panel process in Nebraska.

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Nebraska Department of Insurance

Regulates health insurance and handles consumer complaints in Nebraska.

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Frequently Asked Questions

What is the statute of limitations for medical malpractice in Nebraska?

Nebraska provides a two-year statute of limitations under Neb. Rev. Stat. § 44-2828 from the act or omission. A mandatory review panel must be convened before filing a court lawsuit, which tolls the limitations period during the panel review.

What are Nebraska's damage caps in medical malpractice?

Nebraska caps total malpractice damages at $2,250,000 per occurrence, with individual qualified providers liable for up to $500,000. Amounts above that threshold may be paid from Nebraska's Excess Liability Fund. These caps apply only to qualified health care providers under the Hospital-Medical Liability Act.

Does Nebraska require a medical review panel before filing?

Yes. Neb. Rev. Stat. § 44-2840 requires all malpractice claims against qualified providers to be submitted to a three-member review panel before a court lawsuit is filed. The panel issues a non-binding opinion admissible at trial. The SOL is tolled during the panel process.

How do I file a complaint against a doctor in Nebraska?

Complaints against physicians may be filed with the Nebraska Department of Health and Human Services Licensure Unit online. The department investigates and may impose conditions, suspend, or revoke licensure. Board proceedings are separate from civil litigation.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026