Health Justice Transformation - Nebraska

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$1.75 million in total damages. Healthcare providers who maintain liability coverage shall not be liable for more than $500,000 in total damages. Any excess damages paid from excess coverage fund.

Joint Liability for Multiple Defendants

Yes. Defendants are only responsible for their proportional share of negligence, except in cases of conspiracy.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes, the court shall determine in a separate hearing the amount of any credit against a plaintiff's damages based on any non-refundable insurance benefits reimbursed to the plaintiff. However, this evidence is not admissible as evidence.

Provisions for the Periodic Payment of Damages Over Time Fees

No

Limitation of Plaintiff's Attorneys Fees

No but upon motion of either party, the court must review and determine reasonableness attorney's fees.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

A medical review panel shall provide their expert opinion regarding the defendant's alleged breach of the standard of care, or if there is a material issue of fact, not requiring expert opinion, bearing on liability for consideration by the court.

Standards for Expert Testimony/Witness

Expert testimony is required to establish a prima facia case for negligence in common law.