Nebraska Complaint for Malpractice

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Multi-State
Control #:
US-03342BG
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Word; 
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Description

All professionals are subject to standards of conduct established by codes of professional ethics, by state statutes, and by judicial decisions. In their performance of contracts, professionals must exercise the established standard of care, knowledge, and judgment generally accepted by mem¬bers of their professional group.


Medical Malpractice can occur in any area of medicine in which a patient is injured as a result of poor medical treatment. The term "medical malpractice" refers to a health care provider's failure, either due to negligence or error, to treat a patient in accordance with the required standard of care, thus causing a patient to suffer harm.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A professional is held to a higher standard than someone with no knowledge of proper procedure. To determine whether someone is guilty of malpractice, the courts will look at whether the accused has the status of a professional. No one can sue the receptionist at a medical center for malpractice.

12. Reporting Complaints or Safety Concerns Nebraska Consumer Protection Line: 800.727. 6432. The Joint Commission: 800.994. 6610. Quality Improvement Organization, KEPRO at 855.408. 8557.

Under this Act, damages against qualified healthcare providers for medical malpractice claims are capped at $2.25 million. To be a qualified provider under the Act, healthcare providers must be insured in the amount of $500,000 for each occurrence and $1 million for all occurrences in any policy year.

Nebraska follows the 50 percent bar rule of modified comparative negligence, meaning that any party in a personal injury case found to be at or over 50% at fault is barred from recovering any damages.

Are assisted living facilities regulated and licensed? u Assisted living facilities are not regulated or licensed by the federal government. In Nebraska, they are licensed and regulated by the Nebraska Department of Health and Human Services Division of Public Health ? Licensure Unit.

Nebraska medical malpractice law requires the injured patient to also prove causation between the negligence and the subsequent injury. The negligence must be the actual cause in fact of the patient's injury.

Nebraska medical malpractice law requires the injured patient to also prove causation between the negligence and the subsequent injury. The negligence must be the actual cause in fact of the patient's injury.

Nebraska's cap on medical malpractice damages limits the amount that a plaintiff can receive in both economic and non-economic damages combined to $2.25 million.

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Nebraska Complaint for Malpractice