Omaha Medical Malpractice Attorneys

Almost 200,000 fatalities annually from Medical Malpractice

According to HealthGrades, the leading independent healthcare quality company, an average of 195,000 people in the United States die every year due to preventable in-hospital medical errors. In fact, over 1 million people are injured annually due to medical negligence. According to the United States Department of Health and Human Services, Adverse Drug Events (ADEs) result in more than 770,000 injuries and deaths each year, 95% of which are due to medical negligence. Medical negligence can result from the carelessness of a physician or other health care provider, such as a nurse or midwife. An average of 195,000 people in the United States die every year due to preventable in-hospital medical errors.

In spite of the mountains of statistical evidence, medical malpractice cases remain among the most difficult of types of cases. The medical insurance industry is well organized and risk management quickly oversees cases which are “red flagged” due to medical errors which may lead to litigation. Vast sums of money are spent lobbying for special interest legislation limiting the recovery available to victims of medical malpractice.

Cullan & Cullan has a proven record of success in medical malpractice

It takes a tremendous amount of resources to build a malpractice case, and to take that case to trial against the medical insurance industry. Cullan & Cullan has all the necessary resources to successfully try challenging, complex medical malpractice cases, including specialized medical knowledge, access to medical experts, and the financial resources necessary to take on the vigorous defense mounted by the medical insurance industry in every case.

Cullan & Cullan has a proven record of winning medical malpractice cases, including records verdicts in the states of Nebraska and Iowa. Most recently, a jury demanded Methodist Health Systems pay $1,300,000 in damages to a child injured at birth due to medical negligence.

A failure to diagnose can cost a patients’ life.

One of the most common types of medical malpractice is the failure to timely diagnose a dangerous condition. In some instances, the unnecessary delay in diagnosis can lead to catastrophic consequences. Most dangerous conditions, if diagnosed and acted on in their early stages can be safely and successfully managed. A failure to timely diagnose dangerous conditions can allow a manageable illness to advance into a life-threatening event.

Cullan and Cullan have successfully handled many cases involving the failure to timely diagnose potentially dangerous conditions, such as heart attack, colorectal cancer, meningitis, internal bleeding, and fetal distress. In 2007, a jury demanded Physicians Clinic pay $4,000,000 in damages to the family of a man who died as a result of a delay in colorectal cancer diagnosis.

The Nebraska cap on medical malpractice cases.

In the 1970’s, medical insurance companies and hospitals worked hard to pass special interest legislation in Nebraska, establishing a total cap on damages in medical malpractice cases. Under its current manifestation, a total cap of $1,750,000 applies in every medical malpractice case, regardless of the circumstances. This results in the inability of victims, for whom medical expenses exceed the cap, in not even being able to recover enough to pay their bills! Having won jury verdicts for victims of medical malpractice in excess of the Nebraska cap, Cullan & Cullan fight for the rights of all Nebraskans to receive full and fair justice in our legal system. We also work tirelessly with lawmakers to undo the special interest legislation which has stripped the rights of every Nebraskan to full and fair recovery.

As a result of the efforts against special legislation, Nebraskans can protect themselves and “opt out” of the malpractice cap. Click here to access a form to “opt-out” Follow the simple instructions on the form to protect you and your loved ones before your next medical visit.

We welcome your calls about medical malpractice cases. Contact us for an appointment. Our physician/trial lawyers represent clients nationwide.

Recent Medical Malpractice Case Results

Fall 2007 – Wrongful Death – Failure to Diagnose: Jury returns record verdict of $4,000,000.00 after a physician fails to remove precancerous polyps. The defendants offered no money to settle the case prior to trial.

Spring 2008 – Obstetrical Malpractice – Cerebral Palsy: Confidential settlement for child who suffered severe cerebral palsy at birth. This young child had past and future medical bills in excess of $8,000,000.00.

Summer 2008 – Obstetrical Malpractice – Cerebral Palsy: Confidential settlement for a child who suffered severe cerebral palsy at birth. This young child had past and future medical bills in excess of $10,000,000.00.

Fall 2008 – Obstetrical Malpractice – Brain Injury: Settlement for child who suffered severe birth injury when a physician inappropriately applied forceps and crushed the baby’s skull and brain, while also blinding the child in one eye. $1,250,000.00 settlement, maximum amount allowed by law.

Summer 2008 – Obstetrical Malpractice – Fractured Skull: Settlement for inappropriate use of forceps by a physician. The physician inappropriately applied forceps and crushed the baby’s skull. $950,000.00 settlement.

February 2010 – Obstetrical Malpractice – Brachial Plexus Injury: Jury returns record verdict of $1,300,000.00 after a midwife pulled too hard on the baby’s head during a delivery and ruptured 3 nerves in the child’s neck causing paralysis. Cullan & Cullan rejected a $500,000.00 offer to settle the claim and achieved full justice for the young boy.

Spring 2010 – Obstetrical Malpractice – Medication Error: Settlement for inappropriate administration of Cytotec and Pitocin. $900,000.00 settlements.

Summer 2010 – Obstetrical Malpractice – Fractured Skull: Settlement for inappropriate use of forceps by a physician. They physician inappropriately applied forceps and crushed the baby’s skull. $600,000.00 settlement.