BLOG

Understanding Medical Malpractice Laws in Nebraska

Robert Stahle • February 5, 2022
A judge 's gavel , scales and stethoscope are on a wooden table.

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:


  1. A sustained injury to the patient that got worse.
  2. Negligent acts or procedures by the medical professional.
  3. 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!

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.