When you trust a doctor, hospital, or medical professional with your health, you expect competent care. When that trust is violated through negligence, the consequences can be devastating and life-altering.
At Johnson Tabor & Johnson, our medical malpractice attorneys have the experience, resources, and determination to take on hospitals, doctors, and their insurance companies. These are among the most complex personal injury cases, and they require attorneys who are willing to go to trial. That's exactly what we do.
If you or a loved one has been harmed by medical negligence in Nebraska, we're here to help you understand your rights and fight for the compensation you deserve.
What Constitutes Medical Malpractice in Nebraska
Not every bad medical outcome is malpractice. Medicine involves inherent risks, and not all complications mean a healthcare provider did something wrong. However, when a medical professional's negligence causes harm, you may have a valid malpractice claim. To establish medical malpractice in Nebraska, four key elements must be proven:
Standard of Care
A doctor-patient relationship existed, and the healthcare provider owed you a duty of care. The "standard of care" is what a reasonably competent medical professional in the same specialty would have done under similar circumstances.
Deviation from Standard of Care
The healthcare provider failed to meet the accepted standard of care. This could be an action taken (such as a surgical error) or a failure to act (such as not ordering a necessary test or not diagnosing a condition).
Causation
The provider's negligence directly caused your injury or worsened your condition. It must be shown that the harm would not have occurred if the provider had met the standard of care.
Damages
You suffered actual, measurable harm as a result—such as additional medical bills, lost income, physical pain, emotional suffering, disability, or the need for further medical treatment.
Types of Medical Malpractice Cases We Handle
Surgical Errors
Wrong-site surgery, leaving instruments inside patients, nerve damage during procedures, unnecessary surgeries, and post-operative complications caused by negligence.
Misdiagnosis & Delayed Diagnosis
Failure to diagnose cancer, heart attacks, strokes, infections, and other serious conditions in time to provide effective treatment, allowing the disease to progress.
Medication Errors
Prescribing the wrong medication, incorrect dosages, dangerous drug interactions, pharmacy dispensing errors, and failure to consider patient allergies or contraindications.
Anesthesia Errors
Administering too much or too little anesthesia, failing to monitor vital signs during surgery, intubation injuries, and failure to review patient history for anesthesia risks.
Emergency Room Errors
Misdiagnosis or delayed treatment in the ER, premature discharge, failure to order critical tests, and failure to properly triage patients based on the severity of their condition.
Hospital-Acquired Infections
Infections contracted during hospital stays due to unsanitary conditions, improper sterilization, failure to follow infection control protocols, or negligent wound care.
Failure to Treat
Diagnosing a condition correctly but failing to provide appropriate treatment, premature discharge, inadequate follow-up care, and failure to refer to a specialist when necessary.
Lab & Testing Errors
Misread lab results, contaminated samples, failure to order appropriate diagnostic tests, lost specimens, and errors in pathology reports that lead to incorrect treatment decisions.
The Complexity of Medical Malpractice Cases
Medical malpractice cases are among the most challenging areas of personal injury law. They require significant resources, specialized knowledge, and a law firm that is truly prepared to take a case to trial. Here's why these cases demand experienced legal representation:
Expert Witnesses Are Required
Nebraska law requires that medical malpractice claims be supported by expert medical testimony. You need qualified physicians in the same specialty to review your case, establish the standard of care, and testify that the provider's actions fell below that standard. Finding and retaining the right experts is critical to the success of your case.
High Litigation Costs
Medical malpractice cases are expensive to pursue. Expert witness fees, medical record acquisition, depositions, and court costs can easily reach tens of thousands of dollars before a case ever gets to trial. You need a law firm with the financial resources to invest in your case from day one, without cutting corners.
You Need Attorneys Willing to Go to Trial
Many law firms settle malpractice cases quickly because they lack the resources or willingness to take a case to trial. Insurance companies know which firms will fold under pressure—and they adjust their settlement offers accordingly. At Johnson Tabor & Johnson, we prepare every case as if it's going to trial. That preparation is what drives fair settlements and strong jury verdicts.
Insurance Companies Fight These Cases Hard
Hospitals and doctors carry large malpractice insurance policies, and their insurers hire aggressive defense attorneys. They will challenge every aspect of your claim—the standard of care, causation, the severity of your injuries, and even whether you followed your doctor's instructions. You need attorneys who know how to counter these strategies and are not intimidated by well-funded defense teams.
Nebraska Medical Malpractice Laws
Nebraska has specific laws governing medical malpractice claims that make these cases different from other personal injury cases. Understanding these rules is essential to protecting your rights:
Nebraska Hospital-Medical Liability Act
Nebraska's Hospital-Medical Liability Act governs all medical malpractice claims in the state. It establishes specific procedural requirements that must be followed, including the mandatory screening panel process that applies to claims against qualifying healthcare providers.
Caps on Damages
For claims against qualified healthcare providers under the Act, Nebraska places a cap on the total amount of damages that can be recovered. This cap applies to the combined total of all damages, including medical expenses, lost wages, and pain and suffering. An experienced attorney can help you understand how the cap may affect your case.
Mandatory Screening Panel
Before you can file a medical malpractice lawsuit in Nebraska against a qualifying provider, your claim must first go through a medical review panel. This panel, typically composed of attorneys and healthcare professionals, reviews the evidence and issues an opinion on whether malpractice occurred. While the panel's opinion is not binding, it is an important step in the process.
Statute of Limitations
In Nebraska, you generally have two years from the date the malpractice occurred (or was discovered) to file a claim. This is known as the "discovery rule"—the clock may not start until you knew or should have known about the injury. However, there is an absolute maximum of 10 years from the date of the act, regardless of when the injury was discovered. Do not wait—contact an attorney as soon as possible.
Proving Your Medical Malpractice Case
Building a strong medical malpractice case requires a thorough, methodical approach. Here's how we work to prove your claim:
Obtaining Your Complete Medical Records
We immediately request all relevant medical records, including hospital charts, physician notes, imaging studies, lab results, and pharmacy records. These documents form the foundation of your case and must be preserved before anything is altered or lost.
Expert Medical Review
We retain qualified medical experts in the relevant specialty to conduct a thorough, independent review of your records. These experts evaluate whether the care you received met the accepted standard and whether the provider's actions caused your injuries.
Establishing the Standard of Care
Our experts define what a competent medical professional in the same field would have done under the same or similar circumstances. This establishes the benchmark against which the defendant's conduct is measured.
Proving Breach and Causation
We demonstrate that the healthcare provider's actions deviated from the standard of care and that this deviation directly caused your injury. This often requires detailed analysis of medical evidence, timelines, and expert testimony linking the provider's negligence to your specific harm.
Serving Medical Malpractice Victims Across Nebraska
Johnson Tabor & Johnson represents medical malpractice victims throughout Nebraska, including:
- Omaha and surrounding metro
- Lincoln and Lancaster County
- Grand Island and Hall County
- Kearney and Buffalo County
- Norfolk and Madison County
- Columbus and Platte County
- North Platte and Lincoln County
- Scottsbluff and the Panhandle
- All of Nebraska & western Iowa
Frequently Asked Questions About Medical Malpractice in Nebraska
Harmed by Medical Negligence? We Can Help.
Medical malpractice cases are complex, but you don't have to face them alone. Contact us today for a free, confidential consultation and let our experienced attorneys review your case.
There's no fee unless we win.