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Understanding Medical Malpractice Laws in Nebraska
Robert Stahle • February 5, 2022
Medical malpractice can be a pretty complex thing to understand. This is true across all US states, including Nebraska. The special laws, limits, and legal issues are just a few things you need to understand before filing a claim.
But first, what is medical malpractice? It occurs when a medical professional performs an act of negligence when doing a medical procedure that leads to an injury or worsens a patient's condition. Some of the most common examples of medical malpractice are mistakes in surgery, misdiagnosis in medication and illnesses, birth injuries, and more.
For you to pursue a successful medical negligence claim in Nebraska, you’ll have to understand the state laws first. Read on to learn more.
Who Are the People Held Responsible?
The people held accountable for medical malpractice are doctors, nurses, physical therapists, midwives, and psychologists. These are any persons or entities that are responsible for the assessment of symptoms, diagnosing of conditions, prescribing of medications, administration of treatment, and more. Hospitals, medical groups, and clinics can also be sued for medical negligence.
When you file a claim against health care providers, you have to prove a breach of duty that occurred during your time spent under their care. However, there are three main elements that you need to understand to file a medical malpractice claim:
- A sustained injury to the patient that got worse.
- Negligent acts or procedures by the medical professional.
- The presence of a doctor-patient relationship
Statute of Limitations in Nebraska
The statute of limitations is a law wherein a person is given a period to file a claim and get their case started in a court of law. If you are looking to file a medical negligence claim in Nebraska, you have two years to file a lawsuit from the date when the initial act of medical negligence occurred. It is covered under the Nebraska Revised Statute 44-2828.
If the medical negligence cannot be reasonably discovered within the two-year time frame, the law will give you a year to file the lawsuit from the date of the discovery. However, there is a final deadline to all this, called “statute of repose”. This is a ten-year time frame when you can file a lawsuit on your injuries.
This clock will start ticking as soon as the act is committed. If you cannot file it within the given time frame, the Nebraska court will not accept your claim even though you are unaware of the injury. One final note here for patients under 21 years of age, the statute of limitations will run only when the patient turns 21.
Get Help From the Experts
If you want to learn more about medical malpractice laws or are thinking about filing a claim in Nebraska, call Fitch & Stahle Law Office in Sioux City, NE. Our lawyers will help you pursue this claim and get compensated for the damages. Call us today!
Car accidents happen fast—and the moments that follow can be confusing, stressful, and even dangerous. Whether you’re on a busy interstate in Omaha, a rural road outside Sioux City, or anywhere in between, knowing what to do immediately after a crash can protect your health, your rights, and your ability to receive fair compensation. At Fitch & Stahle Law Firm , we’ve been helping victims of car accidents in Iowa and Nebraska for decades. Here’s what you need to know in those critical minutes and hours following a collision. 1. Check for Injuries and Call 911 Your safety—and the safety of everyone involved—comes first. Check yourself, your passengers, and others at the scene for injuries. If anyone is hurt, call 911 immediately. Even if no one appears injured, it’s still essential to report the accident to the police, especially in Iowa and Nebraska where most accidents involving injury or property damage must be reported. In Nebraska, a crash report is required if there is injury, death, or property damage exceeding $1,000. Iowa has similar laws. Failing to report a crash could result in fines or legal complications later. 2. Move to a Safe Location If the vehicles are drivable and it’s safe to do so, move them to the side of the road or a nearby parking lot to prevent further accidents. Turn on hazard lights to alert oncoming traffic. If moving the vehicles isn’t possible, remain inside with your seatbelt fastened until help arrives. 3. Document the Scene Thoroughly One of the most important steps after a car accident is to gather as much information as possible. This evidence could be critical later when filing an insurance claim or working with an attorney. Here’s what to document: Photos of the vehicles, license plates, damage, skid marks, and road conditions. Names and contact information of all drivers, passengers, and witnesses. Driver’s license and insurance information from all involved drivers. The responding officer’s name, badge number, and a copy of the police report (or report number). Even if you feel fine, take note of any soreness, dizziness, or anxiety. These can be signs of injury that may develop or worsen over time. 4. Do Not Admit Fault It’s natural to want to apologize or take responsibility in the heat of the moment—but resist that urge. Admitting fault, even casually, can hurt your case later. Fault is determined by evidence, traffic laws, and the official investigation—not by what’s said at the scene. Stick to the facts when speaking with police, and don’t speculate. Simply provide accurate information and let the report reflect what occurred. 5. Seek Medical Attention—Even if You Feel Fine Many injuries, including whiplash, concussions, or internal trauma, may not show symptoms right away. Whether you're in Sioux City, South Sioux City, Omaha, or Lincoln, visit an ER or urgent care as soon as possible after the crash. Medical documentation is essential for proving your injuries in a personal injury claim. If you delay treatment, insurance companies may argue that your injuries weren’t serious or weren’t caused by the accident at all. Protect your health and your claim by getting checked out early. 6. Notify Your Insurance Company Let your insurance provider know that you’ve been in an accident, but be cautious about how much detail you provide—especially if you haven’t yet spoken to a personal injury attorney. Stick to the facts and avoid offering recorded statements or accepting a settlement before consulting legal counsel. In Iowa and Nebraska, you typically have to report accidents to your insurer promptly, or you risk being denied coverage. 7. Contact a Car Accident Attorney in Iowa or Nebraska If you were injured, it’s vital to contact an experienced personal injury attorney as soon as possible. Insurance companies are focused on minimizing payouts—not ensuring you’re treated fairly. A knowledgeable attorney can help you: File a personal injury claim Negotiate with insurance adjusters Estimate your full damages (including lost wages, future medical bills, and pain and suffering) Navigate the legal deadlines in Iowa and Nebraska (typically two years from the date of the accident) At Fitch & Stahle Law Firm , we understand the specific laws and nuances of auto accident cases in both states. Our legal team is committed to helping injured clients recover what they’re owed, with no fees unless we win your case. 8. Keep Records and Monitor Symptoms After the crash, keep all paperwork related to the accident and your recovery. This includes: Medical records and bills Repair estimates Police reports Pay stubs or documentation showing missed work Journal entries tracking your pain, symptoms, or limitations This documentation can make a significant difference in the outcome of your case. 9. Avoid Social Media It might be tempting to share what happened—but posts on social media can be used against you by opposing attorneys or insurance companies. Refrain from posting photos, status updates, or comments about your injuries, car, or recovery until your case is fully resolved. Final Thoughts: Your Legal Partner in Recovery Whether your accident happened on I-29, Highway 20, or a neighborhood street in Iowa or Nebraska, the decisions you make immediately afterward can shape your recovery—physically, financially, and legally. At Fitch & Stahle Law Firm , we offer free consultations to help you understand your rights and evaluate your case. If you’ve been injured in a car accident, don’t try to handle the aftermath alone. Let our experienced team fight for the compensation and justice you deserve.
If you’ve recently been in a car accident, you're likely dealing with more than just vehicle damage. The aftermath of an auto collision can be overwhelming—medical bills, missed work, emotional stress, and constant calls from insurance adjusters. During this time, it’s easy to feel like you’re navigating a maze alone. That’s where a qualified car accident attorney can make a significant difference. At Fitch & Stahle Law Firm, we’re here to explain why hiring an experienced lawyer is one of the most important steps you can take to protect your rights and secure the compensation you deserve. 1. Understanding the Legal Complexity of Car Accidents Car accident claims are rarely as simple as they seem. While the facts may appear straightforward—one car hit another—multiple factors like weather conditions, traffic laws, and vehicle defects can complicate liability. Add in varying state laws, such as comparative negligence rules in Iowa and Nebraska, and the process becomes even more complex. An experienced attorney from Fitch & Stahle understands these legal intricacies. We work to gather evidence, assess liability, and build a strong case that represents your best interests. 2. Insurance Companies Are Not On Your Side After an accident, one of the first calls you'll get is from the insurance company. They may sound helpful, but it’s important to remember they’re looking out for their own bottom line—not yours. Insurance adjusters are trained to minimize payouts. They might offer you a quick settlement, ask misleading questions, or try to get you to admit fault. When you hire an attorney, you shift the balance of power. At Fitch & Stahle, we handle all communication with insurance companies so you don’t have to. We know how to counter lowball offers and negotiate settlements that reflect the full extent of your injuries and losses. 3. Calculating the True Value of Your Claim Many accident victims underestimate the value of their claim, especially when pressured to accept early settlement offers. A fair settlement should cover more than just your car repairs and immediate medical bills. You may be entitled to compensation for: Current and future medical expenses Lost wages and loss of earning capacity Pain and suffering Emotional distress Property damage Permanent disability or disfigurement Our legal team takes a comprehensive approach when calculating your damages. We collaborate with medical professionals, vocational experts, and economists to ensure every aspect of your claim is properly valued. 4. Proving Liability Requires Evidence To receive compensation, you must prove that another party was at fault—and that requires solid evidence. Unfortunately, important documentation can disappear quickly after a crash. Witnesses forget details, accident scenes get cleaned up, and insurance companies may fail to preserve relevant records. At Fitch & Stahle, we act quickly to secure the evidence you need. Our legal team gathers police reports, photographs, surveillance footage, medical records, and witness statements. In complex cases, we may also bring in accident reconstruction specialists to strengthen your claim. 5. Meeting Deadlines and Legal Requirements Every state has a statute of limitations that limits how long you have to file a personal injury lawsuit after a car accident. In Iowa, for example, you typically have two years from the date of the accident to file a claim. Missing this deadline could mean losing your right to compensation altogether. Beyond the statute of limitations, there are other procedural requirements, such as notifying your insurance company or filing certain documents in a specific format. One small mistake could delay or derail your case. When you work with Fitch & Stahle, we ensure every deadline is met and every form is filed correctly, giving your case the best chance at success. 6. You’ll Be Better Prepared if the Case Goes to Court While many car accident cases settle out of court, some do proceed to trial—especially when fault is disputed or damages are significant. Having a lawyer from the beginning means you're prepared for anything. Our attorneys are experienced litigators who are not afraid to take your case to court if that’s what it takes to get justice. We prepare every case as if it will go to trial, which puts us in a stronger negotiating position from day one. 7. Peace of Mind While You Focus on Recovery One of the most overlooked benefits of hiring an attorney is the peace of mind it brings. After an accident, your focus should be on healing—not haggling with insurance companies or navigating complex legal systems. When you hire Fitch & Stahle, we take on the legal burden so you can focus on your recovery. From handling paperwork and phone calls to negotiating settlements and representing you in court, we’ll be your advocate every step of the way. Real Clients. Real Results. At Fitch & Stahle Law Firm, we’ve represented countless car accident victims throughout Sioux City and the surrounding communities. Our proven track record of successful settlements and verdicts speaks to the dedication and skill of our legal team. “After my accident, I didn’t know where to start. Fitch & Stahle took care of everything and made sure I got the compensation I needed to get back on my feet.” – Former Client Contact Fitch & Stahle Law Firm Today The decisions you make after a car accident can impact your life for years to come. Don’t go through it alone. If you’ve been injured in a car accident in Sioux City or anywhere in the tri-state area, contact Fitch & Stahle Law Firm today for a free consultation. We’ll evaluate your case, answer your questions, and help you understand your legal options—at no cost to you unless we win. Fitch & Stahle Law Firm — Fighting for Siouxland’s Injured Since Day One. 📞 Call today or visit fitch-stahlelaw.com to schedule your free consultation.