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★ Nebraska · medical negligence

Medical negligence settlements
in Nebraska.

By 9 min read

Nebraska does not allow a claim for loss of chance, but a patient can still recover if the delay caused real harm. A woman whose breast cancer went undiagnosed for a year won a new trial after the court threw out her case midtrial. A family whose son died the day of his lung surgery lost at trial, and the verdict was affirmed.

Facts that decide a medical negligence claim in Nebraska

Loss of chance“Nebraska does not recognize the loss-of-chance doctrine”; the patient must prove the negligence caused the harm.Cohan v. Medical Imaging Consultants (Neb. 2017)
DeadlineTwo years from the act or omission; if the last day is a weekend or court holiday, it runs to the next open day.Schuemann v. Timperley (Neb. 2023)
Getting to the jury“If there is any evidence which will sustain a finding for the party against whom a motion for directed verdict is made, the case may not be decided as a matter of law.”Cohan v. Medical Imaging Consultants (Neb. 2017)
★ band · US federal frame
$30,000 to statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury

The US band is the starting point. Nebraska's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your medical negligence claim in Nebraska. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case
★ NE · reported medical negligence outcomes

What Nebraska courts have awarded.

Real Nebraska decisions and verdicts, each linked to the court record or official report.

  • Cohan v. Medical Imaging Consultants
    Nebraska Supreme Court · 2017
    New trial ordered

    Mary Cohan reported lumps in her left breast. The Cohans alleged that an imaging group, a radiologist and her gynecology practice let her cancer go undiagnosed for a year, shortening her life expectancy and raising her risk of recurrence. The Douglas County court directed a verdict for the providers after the Cohans presented their case. The Supreme Court ordered a new trial on her claim, but affirmed on her husband’s.

  • Lear v. Nebraska Methodist Health System
    Nebraska Court of Appeals · 2025
    Defense verdict affirmed

    Joshua Lear had the lower part of his left lung removed in March 2017 and died later that day after problems in recovery. Cynthia Lear sued the hospital system, the surgeon and his practice, claiming among other things that the surgeon failed to secure the pulmonary artery before closing and that nurses moved Joshua out of recovery too quickly. The jury found for all defendants, and the court affirmed.

★ NE · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Nebraska.

  1. 1

    Prove the delay caused harm, not just a lost chance, as Cohan requires.

  2. 2

    Count the 2 years from the surgery; Schuemann’s suit filed on the second anniversary was timely.

  3. 3

    Hospital death cases turn on experts; the jury in Lear rejected every claim against the surgeon and the hospital.

★ NE · statute of limitations
4 years for personal injury; 2 years for medical malpractice

Neb. Rev. Stat. § 25-207, § 44-2828

★ NE · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ NE · caps

What caps recovery.

Statutory caps that may bear on a medical negligence settlement in Nebraska.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Nebraska's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Nebraska · you are hereModified comparative, 50% bar4 years for personal injury; 2 years for medical malpractice—
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · medical negligence →
OhioModified comparative, 51% bar2 years from date of injuryOH · medical negligence →
South DakotaSlight versus gross negligence3 years from date of injurySD · medical negligence →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · medical negligence →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · medical negligence →
IndianaModified comparative, 51% bar2 years from date of injuryIN · medical negligence →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · medical negligence →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · medical negligence →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · medical negligence →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · medical negligence →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · medical negligence →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · medical negligence →
★ NE · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of NE
Nebraska overview

Fault rule, statute, caps, and key facts for Nebraska as a whole.

★ federal frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Nebraska's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Nebraska. See /methodology, /sources, and /disclaimer.