Nebraska Medical Malpractice FAQs
If you, or a loved one, have been injured due to a physician or medical professional's negligence, you undoubtedly have many questions as to how this could happen. After all, the medical profession as a whole has sworn to "do no harm", yet here you are struggling to make ends meet while enduring terrible amounts of pain.
At Cullan & Cullan LLC our goal as lawyers, and physicians, is to not only help you obtain the justice you deserve, but the answers as well. Because understanding the reasons surrounding your injuries, is sometimes just as important as having the at-fault party answer for them.
To learn more about our practice and how we may be able to assist you, call (402) 397-7600 and schedule a free consultation.
Q. What constitutes medical malpractice?
A. Unfortunately, even the most skilled doctor in the world cannot avoid accidents. They are after all, human. What differentiates medical malpractice from a bad result is the standard of care that was administered. If the accepted level of care for a particular area was not followed or worse, deliberately ignored, the doctor or hospital in question could be held liable for their actions. This is called negligence and it is what all medical malpractice cases in Nebraska hinge upon.
Q. Who can I file a medical malpractice claim against?
A. Any medical professional that provided you with care or treatment could be held liable under the right circumstances. This can range from your personal care physician, to the hospital at large.
Q. How long will my medical malpractice case take?
A. While it will depend largely on the particulars of your situation, most medical malpractice cases do not resolve overnight. In most instances, the doctor, hospital or specialist in question will be fully insured and armed with a sizeable legal team. With that said, we will use every resource at our disposal to bring about a quick and successful result.
Q. What kind of compensation can I expect from my medical malpractice case?
A. This depends entirely on the specifics of your case, however some of the more common items that are taken into consideration include:
- Physical, emotional and mental suffering you or a family member endured;
- Loss of wages and loss of earning potential due to injuries suffered;
- Past, present and future medical expenses regarding your injuries.
Q. How long do I have to file?
A. Under Nebraska law you have 2 years, starting from the date in which the act is said to have occurred, to file your claim. Beyond that, claimants who discover their injuries after the 2-year mark have exactly 1 year in which to file, post-discovery. On a broader scale, individuals have no more than 10 years in which to file a medical malpractice claim. Finally, if the injured individual in question was a minor at the time of the incident, they are said to be "tolled", meaning they have until they turn 21 years old to file.
Q. Is there a cap to how much I can be awarded?
A. The state of Nebraska does have a cap on how much victims can receive. It is unique in the fact that unlike many other states, there is a limit to the amount of non-economic and economic damages an individual may collect on a successful claim. If you were injured after December 31st of 2014, you may be able to collect a maximum of $2.25 million in damages. However, there is a method in which to "opt out" of this cap, which we can review with you in a free consultation.
Q. What should I do if I suspect I am a victim of medical malpractice?
A. Depending on the severity of your injuries we highly recommend speaking with another physician as soon as possible. This will rule out any life threatening conditions. Following that, we recommend speaking with a dedicated personal injury attorney in Omaha to weigh your legal options.
Cullan & Cullan LLC has been successfully helping victims of medical malpractice recover damages for over two decades. Our experience as both physicians and attorneys gives us a unique perspective, which no other law firm can offer. For more information, contact our office at your earliest convenience at (402) 397-7600.
Call Today for a Free Consultation
We are here to help you obtain compensation from those responsible so that you can focus on healing, rehabilitation, and getting your feet back on the ground. For more information about how the lawyers at Cullan & Cullan LLC can assist in protecting your rights, please call (402) 397-7600 today for a free case evaluation.
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