Medical Malpractice is negligence caused by a healthcare professional or institution that leads to injury, harm or death of a patient. The negligence might be the result of errors in diagnosis, treatment aftercare or health management.

Have You Been Injured Due to Medical Malpractice in Lincoln?

Lincoln is home to award-winning healthcare organizations, including Bryan Medical Center, CHI Health St. Elizabeth, and City of Lincoln EMS. Residents of the “Star City” can access high-quality health care throughout our region. However, mistakes happen. Providers make errors that result in injuries to patients. Have you been a victim of medical malpractice in Lincoln?

Common Types of Medical Malpractice in Nebraska:

• Missed Diagnosis: A provider fails to diagnose a condition despite having information that would allow the diagnosis.
• Misdiagnosis: A provider diagnoses a medical condition as something else, leading to the wrong treatment and worsening of the patient’s actual condition.
• Prescription Errors: A provider prescribes the wrong medication or the wrong dose.
• Surgical Error: A mistake is made during surgery, including operating on the wrong patient or wrong site, or leaving a surgical implement in the patient’s body.
• Infection: A provider fails to prevent an infection through standard hygiene and safety protocols.
• Birth Injuries: A provider’s actions cause injury during the birth process, such as failing to diagnose a medical condition impacting the mother or baby, or failing to provide a C-section when needed.
• Premature Hospital Discharge: A patient is released from medical care too early, resulting in harm.
• Inadequate Aftercare Instructions: A patient is released with aftercare instructions that do not clearly explain the steps for recovery.

There are many other ways that a Lincoln healthcare provider can deviate from the standard of care and cause an injury to the patient. Contact Friedman Law Offices to learn more about your eligibility to file a claim.

Nebraska Medical Malpractice Laws at a Glance

In Lincoln and throughout Nebraska, medical malpractice laws have been established to protect patients. These include:

• All qualified healthcare providers in Nebraska are required to have medical malpractice insurance, with minimum coverage levels varying by provider.
• Most medical malpractice claims must be filed within two years of the act or omission. If the injury could not reasonably have been discovered within that period, Nebraska law may allow up to one year from the date of discovery, but no claim can be filed more than ten years after the act or omission.
• The “discovery rule exception” to the statute of limitations allows a claimant an additional year to file a claim if they did not discover the medical malpractice injury until after the standard two-year statute of limitations. The clock starts on the date of the discovery.
• For claims against certain health care providers covered by the Nebraska Hospital-Medical Liability Act, a medical review panel process is available and typically required unless the patient waives it. The panel issues a nonbinding opinion on whether the provider appears to have deviated from the standard of care, and that opinion can be used as evidence in the case.

An experienced medical malpractice attorney from Friedman Law Offices will help you understand the claims process and ensure that your claim meets state requirements.

What To Do If You Believe Your Injury Was Caused by Medical Malpractice

For something to be considered malpractice under law, it must have the following characteristics:

• A violation of the standard of care: The law states that certain medical standards are recognized by the profession. A patient has the right to expect that healthcare professionals will deliver care that is consistent with the standards of care.
• An injury was caused by negligence: If a healthcare professional violated the standard of care, the patient must prove that he/she sustained an injury that would not have occurred in the absence of negligence.
• The injury resulted in significant damages: Medical malpractice lawsuits are expensive and lengthy. A patient must show that significant damages resulted from the injury due to medical negligence. The patient must show that the injury resulted in disability, loss of income, unusual pain or future medical bills.