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2,111 sections in this chapter.
Neb. Rev. Stat. § 44-2813 Occurrence, defined.
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Occurrence shall mean the event, incident, or happening, and the acts or omissions incident thereto, which proximately cause injuries or damages for which reimbursement is or may be claimed by the patient or his representative.
Neb. Rev. Stat. § 44-2814 Insurer, defined.
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Insurer shall mean the authority or an insurance company engaged in writing malpractice liability insurance in this state.
Neb. Rev. Stat. § 44-2815 Authority, defined.
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Authority shall mean the Residual Malpractice Insurance Authority established pursuant to section 44-2837.
Neb. Rev. Stat. § 44-2816 Informed consent, defined.
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Informed consent shall mean consent to a procedure based on information which would ordinarily be provided to the patient under like circumstances by health care providers engaged in a similar practice in the locality or in similar localities. Failure to obtain informed consent s…
Neb. Rev. Stat. § 44-2817 Nonrefundable payments, benefits, or damages, defined.
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Nonrefundable payments, benefits, or damages shall mean those payments, benefits, or damages which are not required to be refunded in event of recovery of damages pursuant to sections 44-2801 to 44-2855.
Neb. Rev. Stat. § 44-2818 Health care provider; express or implied contract assuring results; liability; when.
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No liability shall be imposed upon any health care provider on the basis of an alleged breach of an express or implied contract assuring results to be obtained from any procedure undertaken in the course of health care, unless such contract is expressly set forth in writing and i…
Neb. Rev. Stat. § 44-2819 Bodily injuries or wrongful death actions; evidence of medical reimbursement insurance inadmissible; credit against judgment; damages recoverable.
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(1) In any action for damages for bodily injuries or for wrongful death when it is alleged that the claimant suffered damages for the cost of medical care, custodial care or rehabilitation services, evidence which tends to establish that the claimant or another person so damaged …
Neb. Rev. Stat. § 44-2820 Action based on failure to obtain informed consent; burden of proof.
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Before the plaintiff may recover any damages in any action based on failure to obtain informed consent, it shall be established by a preponderance of the evidence that a reasonably prudent person in the plaintiff's position would not have undergone the treatment had he or she bee…
Neb. Rev. Stat. § 44-2821 Health care provider; failure to qualify under act; liability under common law; qualified under act; remedy; election not to be bound by act; procedure; post sign; contents.
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(1) Any health care provider who fails to qualify under the Nebraska Hospital-Medical Liability Act shall not be covered by the provisions of such act and shall be subject to liability under doctrines of common law. If a health care provider shall not so qualify, the patient's re…
Neb. Rev. Stat. § 44-2822 Claim for bodily injury or death; petition or complaint; file; damages.
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Subject to the requirements of sections 44-2840 to 44-2846, a patient or his or her representative having a claim under the Nebraska Hospital-Medical Liability Act for bodily injury or death on account of alleged malpractice, professional negligence, failure to provide care, brea…
Neb. Rev. Stat. § 44-2824 Health care provider; qualify under act; conditions.
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(1) To be qualified under the Nebraska Hospital-Medical Liability Act, a health care provider or such health care provider's employer, employee, partner, or limited liability company member shall: (a) File with the director proof of financial responsibility, pursuant to section 4…
Neb. Rev. Stat. § 44-2825 Action for injury or death; maximum amount recoverable; settlement; manner; coverage; how treated.
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(1) The total amount recoverable under the Nebraska Hospital-Medical Liability Act from any and all health care providers and the Excess Liability Fund for any occurrence resulting in any injury or death of a patient may not exceed (a) five hundred thousand dollars for any occurr…
Neb. Rev. Stat. § 44-2826 Advance payment; not construed as admission of liability; inadmissible as evidence; reduction or adjustment of judgment; claim not assignable.
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(1) Any payment made by a health care provider or his insurer to or for the patient or any other person in the patient's behalf in advance of a final determination of liability of all health care providers shall not be construed as an admission of liability for injuries or damage…
Neb. Rev. Stat. § 44-2827 Health care provider; proof of financial responsibility; filing by insurer.
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Financial responsibility of a health care provider may be established only by filing with the director proof that the health care provider is insured pursuant to sections 44-2837 to 44-2839 or by a policy of professional liability insurance in a company authorized to do business …
Neb. Rev. Stat. § 44-2827.01 General acute hospital; psychiatric or mental hospital operated by Board of Regents; physician employed by Board of Regents; risk-loss trust authorized; requirements; director; powers and duties; surcharge.
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(1) Any general acute hospital as defined in section 71-412 or a psychiatric or mental hospital as defined in section 71-426 operated by the Board of Regents of the University of Nebraska or any physician employed by the Board of Regents of the University of Nebraska may, in addi…
Neb. Rev. Stat. § 44-2828 Action to recover damages; limitation of action.
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Except as provided in section 25-213, any action to recover damages based on alleged malpractice or professional negligence or upon alleged breach of warranty in rendering or failing to render professional services shall be commenced within two years next after the alleged act or…
Neb. Rev. Stat. § 44-2829 Excess Liability Fund; created; how funded; use surcharge; premiums.
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(1) There is hereby created an Excess Liability Fund to be collected and received by the director for the exclusive use and purposes stated in the Nebraska Hospital-Medical Liability Act. Such fund and any income from it shall be held by the State Treasurer in trust, deposited in…
Neb. Rev. Stat. § 44-2830 Excess Liability Fund; surcharge, adjusted; when; reinsurance; effect.
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If the fund shall exceed the sum of four million five hundred thousand dollars at the end of any calendar year after the payment of all claims and expenses and after adding all reversions to the fund, and if no reinsurance is involved, the director shall reduce the surcharge requ…
Neb. Rev. Stat. § 44-2831 Excess Liability Fund; special surcharge; reinsurance.
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(1) The director may, at any time, analyze the fund to determine if the amount in such fund is inadequate to pay in full all claims allowed or to be allowed during the calendar year. Upon such determination, the director shall have the power to levy a special surcharge on all hea…
Neb. Rev. Stat. § 44-2831.01 Applicability of change to law.
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(1) Any health care provider who has furnished proof of financial responsibility prior to January 1, 2025, under sections 44-2824 and 44-2827 shall be qualified under section 44-2824 for the remainder of the policy year or risk-loss trust year. (2) The increases in coverage requi…
Neb. Rev. Stat. § 44-2832 Claims; paid; procedure; limitation.
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(1) The Director of Administrative Services shall issue a warrant drawn on the fund in the amount of each claim submitted by the director. All claims against the fund shall be made on a voucher or other appropriate request by the director after he or she has received: (a) A certi…
Neb. Rev. Stat. § 44-2833 Claim; agreement to settle; procedure; settlement; judgment; appeal.
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(1) If the insurer of a health care provider shall agree to settle its liability on a claim against its insured by payment of its policy limits of eight hundred thousand dollars and the claimant shall demand an amount in excess thereof for a complete and final release and if no o…
Neb. Rev. Stat. § 44-2834 Cause of action; attorney's fees; court costs; loss of earnings; when payable.
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(1) In all cases against a health care provider for malpractice or professional negligence, upon motion of either party the court shall review the attorney's fees incurred by that party and allow such compensation as the court shall deem reasonable. (2) In all cases against healt…
Neb. Rev. Stat. § 44-2835 Malpractice claim; settled or adjudicated to final judgment; report; contents; forwarded to Department of Health and Human Services.
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(1) Each malpractice claim settled or adjudicated to final judgment against a health care provider under the Nebraska Hospital-Medical Liability Act shall be reported to the director by the plaintiff's attorney and by the health care provider or his or her insurer or risk manager…
Neb. Rev. Stat. § 44-2836 Malpractice liability insurance; limitation on liability; when; required policy provisions; insurer; failure to pay final judgment; effect.
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(1) As long as malpractice liability insurance remains in force under the qualification set forth in section 44-2824 and unless the patient has elected not to come under sections 44-2801 to 44-2855, the health care provider and his insurer shall be liable to a patient, or his rep…
Neb. Rev. Stat. § 44-2837 Residual Malpractice Insurance Authority; created; purpose; risk manager; powers and duties; compensation.
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(1) The purpose of sections 44-2837 to 44-2839 is to make malpractice liability insurance available to risks as defined in this section. (2) There is hereby created the Residual Malpractice Insurance Authority. The Department of Insurance is hereby designated as the authority for…
Neb. Rev. Stat. § 44-2838 Health care provider; unable to obtain coverage; apply to risk manager; decision; appeal.
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(1) If, after diligent effort to obtain coverage, a health care provider has been declined by at least two insurers, the risk may forward his application to the risk manager together with evidence of the two declinations. (2) If the risk manager declines to accept the risk, notic…
Neb. Rev. Stat. § 44-2839 Health care professional liability insurance plan; contents; premiums; use.
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The director shall adopt and promulgate a health care professional liability insurance plan pursuant to sections 44-2837 to 44-2839 which shall contain a requirement that the Excess Liability Fund shall participate in such plan. Such plan may contain such other reasonable provisi…
Neb. Rev. Stat. § 44-2840 Medical review panels; review claims; procedure; waiver.
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(1) Provision is hereby made for the establishment of medical review panels to review all malpractice claims against health care providers covered by the Nebraska Hospital-Medical Liability Act in advance of filing such actions. (2) No action against a health care provider may be…
Neb. Rev. Stat. § 44-2841 Medical review panel; members; selection; procedure.
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(1) The medical review panel shall consist of one attorney admitted to practice law in the State of Nebraska and three physicians who hold unlimited licenses under the laws of this state to practice medicine. The attorney shall act in an advisory capacity and as chairperson of th…
Neb. Rev. Stat. § 44-2842 Medical review panel; evidence considered; depositions; chairperson; duties.
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(1) The evidence to be considered by the medical review panel shall be promptly submitted by the respective parties in written form only. If any party to the proceedings fails to submit his or her evidence within a reasonable time after notice from the panel requesting such evide…
Neb. Rev. Stat. § 44-2843 Medical review panel; access to information; written opinion; issuance; basis for.
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(1) The panel shall have the right and duty to request all necessary information. The panel may consult with medical authorities and may examine reports of such health care providers as may be necessary to fully inform itself regarding the issue to be decided. Both parties shall …
Neb. Rev. Stat. § 44-2844 Request for review of a claim; filed; toll statute of limitations; panel report; admissible as evidence; panelist; immunity.
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(1) The filing of the request for review of a claim shall toll the applicable statute of limitations for a period of ninety days following the issuance of the opinion by the medical review panel. The request for review of a claim shall be deemed filed when copy of the request tog…
Neb. Rev. Stat. § 44-2845 Medical review panel; members; compensation; expert witness fee.
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Each member of the medical review panel shall be paid fifty dollars per day for all work performed as a member of the panel, exclusive of time and services involved if called as a witness to testify in court and reasonable expenses incurred. Fees of the panel, including expenses,…
Neb. Rev. Stat. § 44-2846 Proceedings before panel; confidential; exception; waiver of privileges; when; witnesses; rights.
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(1) Except for the introduction into evidence of the report of the panel, all proceedings before the medical review panel, all actions taken by any party or his counsel in preparation for such proceedings, and the submission of any matter to the medical review panel shall be hand…
Neb. Rev. Stat. § 44-2847 Medical review panel; not to consider disputed questions of law; adviser to panel.
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(1) Medical review panels shall be concerned only with the determination of the questions set forth in section 44-2843. Such panels shall not consider or report on disputed questions of law. (2) To provide for uniformity of procedure, the Department of Health and Human Services m…
Neb. Rev. Stat. § 44-2854 Director; contract for administrative duties and responsibilities; supervisory authority.
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The Director of Insurance may contract with an insurance company licensed to do business in the State of Nebraska to perform any administrative duties and responsibilities of the Department of Insurance pursuant to sections 44-2801 to 44-2855, with the Director of Insurance retai…
Neb. Rev. Stat. § 44-2854.01 Rules and regulations.
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The Department of Insurance shall adopt and promulgate rules and regulations regarding the administration of the Nebraska Hospital-Medical Liability Act. Such rules and regulations shall relate to issuing notices of payment due and such other matters as may be necessary to promot…
Neb. Rev. Stat. § 44-2855 Act, how cited.
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Sections 44-2801 to 44-2855 shall be known and may be cited as the Nebraska Hospital-Medical Liability Act.
Neb. Rev. Stat. § 44-2901 Hospitals; mutual insurance association; how incorporated; purpose.
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Any three or more hospitals as defined in section 71-419, which are located in this state and licensed by the Department of Health and Human Services, may incorporate a mutual insurance association to insure member hospitals and their officers, directors, employees, and volunteer…
Neb. Rev. Stat. § 44-2902 Physicians; mutual insurance association; how incorporated; purpose.
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Any ten or more physicians licensed under the Medicine and Surgery Practice Act may incorporate a mutual insurance association to insure member physicians, their professional corporations, partnerships, limited liability companies, agents, and employees against liability arising …
Neb. Rev. Stat. § 44-2903 Mutual insurance association; coverages; supplement professional liability insurance.
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Any association authorized by section 44-2901 or 44-2902 shall be authorized to insure members against other liability for injury to persons or property caused by agents or employees of the member or by property used in or activities arising from the operations or business of the…
Neb. Rev. Stat. § 44-2904 Hospital association; qualified to become a member; when; insuring of risks; considerations.
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Any hospital, whether within or without the state, shall be qualified to become a member of a hospital association incorporated under sections 44-2901 to 44-2918 if it is licensed either by the Department of Health and Human Services or by the corresponding authority in the state…
Neb. Rev. Stat. § 44-2905 Physicians association; qualified to become member; when.
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Any physician, licensed to practice medicine in Nebraska, shall be qualified to become a member of a physicians association incorporated under sections 44-2901 to 44-2918 upon acceptance of his application for membership by the association in accordance with the rules and bylaws.
Neb. Rev. Stat. § 44-2906 Association; articles of incorporation; bylaws; contents; filed; where.
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(1) Any association to be formed pursuant to the Nebraska Hospital and Physicians Mutual Insurance Association Act shall be formed by submitting executed articles of incorporation to the Department of Insurance for examination, and if approved and found by it to be in accordance …
Neb. Rev. Stat. § 44-2907 Association; board of directors; number of directors; make bylaws.
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The board of directors of an association formed pursuant to sections 44-2901 to 44-2918 shall be comprised of not fewer than five nor more than twenty-one persons and a majority of them must be residents of the State of Nebraska. A person convicted of a felony may not be a direct…
Neb. Rev. Stat. § 44-2908 Articles and bylaws; approval or disapproval; procedure.
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(1) Within sixty days after the articles and bylaws are filed with the Director of Insurance pursuant to section 44-2906, the director shall make a determination whether the filed documents meet the requirements of sections 44-2901 to 44-2918. Such determination shall be communic…
Neb. Rev. Stat. § 44-2909 Association; requirements to transact business.
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No association organized under the Nebraska Hospital and Physicians Mutual Insurance Association Act shall transact the business of insurance until: (1) Its articles and bylaws have been approved by the Director of Insurance and the articles filed as required by section 44-2906; …
Neb. Rev. Stat. § 44-2910 Association; not a member of the Nebraska Property and Liability Insurance Guaranty Association.
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The association shall not be a member of the Nebraska Property and Liability Insurance Guaranty Association described in Chapter 44, article 24.
Neb. Rev. Stat. § 44-2911 Association; membership fee; paid into surplus.
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The association may collect, at the time a policy is issued, a membership fee of not more than three hundred dollars for each bed owned or operated by the member hospital and, in case of physicians associations, ten thousand dollars for each member physician. Such fee shall be pa…