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 result in more than 770,000 injuries and deaths each year, 95% of which is 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. (Image of a medical sponge left after surgery)
In spite of the mountains of statistical evidence, medical malpractice cases remain among the most difficult 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.
Omaha Medical Malpractice Lawyers with a Proven Record Of Success In Nebraska
It takes a tremendous amount of resources to build a malpractice case and to take that case to trial against the medical insurance industry. The Omaha personal injury attorneys at Cullan & Cullan LLC have 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 Patient's Life
One of the most common types of medical malpractice is the failure to timely diagnose a dangerous condition. In some instances, 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 & Cullan has successfully handled many cases involving the failure to 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 1970s, medical insurance companies and hospitals worked hard to pass special interest legislation in Nebraska, establishing a total cap on damages in medical malpractice cases. As a result, if you were injured after December 31st of 2014, you may be able to collect a maximum of $2.25 million in damages.
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 fights 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, Nebraskans can protect themselves and "opt out" of the malpractice cap.
We welcome your calls about medical malpractice cases. Contact us at (402) 882-7080 for an appointment. Our physician/trial lawyers represent clients nationwide.
What constitutes medical malpractice?
What differentiates medical malpractice from a bad result is the standard of care that was administered. If the accepted level of care 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 hinge upon.
How long will my medical malpractice case take?
While it will depend largely on the particulars of your situation, most malpractice cases do not resolve overnight. In most instances, the doctor, hospital, or specialist in question will be fully insured and armed with a sizable legal team. With that said, we will use every resource at our disposal to bring about a quick and successful result.
What Types of Damages Can I Recover?
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
How Long Do I Have To File a Lawsuit?
Under Nebraska law, you have two 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 two-year mark have exactly one year in which to file, post-discovery.
In any case, 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, they are said to be "tolled," meaning they have until they turn 21 years old to file.
Nebraska Medical Malpractice Case Results
- Confidential Settlement – 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 $8,000,000.00.
- Confidential Settlement – 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.
- $4,000,000.00 Verdict - Wrongful Death – Failure to Diagnose: Jury returns record verdict after a physician fails to remove precancerous polyps. The defendants offered no money to settle the case prior to trial.
- $1,300,000.00 Verdict – Obstetrical Malpractice: Jury returns record verdict after a midwife pulled too hard on the baby's head during 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.
- $1,250,000.00 Settlement – Obstetrical Malpractice: Settlement for a 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. The settlement was the maximum amount allowed by law.
- $950,000.00 Settlement – Obstetrical Malpractice – Fractured Skull: Settlement for inappropriate use of forceps by a physician. The physician inappropriately applied forceps and crushed the baby's skull.
- $900,000.00 Settlement – Obstetrical Malpractice – Medication Error: Settlement for inappropriate administration of Cytotec and Pitocin.
- $600,000.00 Settlement – Obstetrical Malpractice – Fractured Skull: Settlement for inappropriate use of forceps by a physician. They physician inappropriately applied forceps and crushed the baby's skull.