Medical malpractice is also referred as the medical negligence. Let me tell you that sometimes the health care providers or the doctors go wrong. The patients suffer from that and could not do anything in the past. The government realized the problem which the patients were facing. They decided to do something for the patients. This led to the approval of the medical malpractice law. This law is different in different states. I am going to talk about the Nebraska in this article.

The medical malpractice laws in Nebraska are as follows:

1. Limits on Malpractice damage
The malpractice damage cannot exceed $500000. This is definitely better than the states like Montana where the limit is just $250000. The total amount of all the defendants can go up to $1.25 million. This excess amount is paid from the excess liability fund.

2. Collateral source rule
This law is definitely the same in almost all the states. However there are some states which are an exception but they are only few in numbers. The collateral source rule states that if the plaintiff gets some compensation from some insurance company then this does not mean that the defendants or the doctors will not have to pay the compensation. They will definitely have to pay the compensation and that too in full amount. There is no rule in the law books that can save the defendants from paying the compensation. However the compensation is limited as I have already explained in the first paragraph.

3. Rules for expert witness
There are no hard and fast rules as far as the expert witness is concerned. Anybody can be the expert witness. But he must be a doctor at least. Even this is not specified. But it is self understood that he must be a doctor.

4. Joint and Several liability
Suppose there are five doctors involved in the case then let me tell you that all of them individually will have to pay the full compensation. This is to make sure that the even if one of the defendant is unable to pay the money then other will make sure that the complete amount is paid back to the plaintiff.

5. Statute of limitation
You can file the Medical malpractice actions within two years of the act or omission or within one year from the date the injury was discovered. All of them must be filed within ten years of the date of the act. Under Nebraska law, the statute of limitations is applicable only when the minor completes the 20th birthday.

These are some of the rules regarding the malpractice law and you should know about it since this kind of case can happen with you as well.

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