Navigating The Complexities Of Medical Malpractice Claims
We trust our treating doctors, chiropractors, dentists, surgeons and other medical professionals to provide competent and beneficial medical treatment, and most of the time they do. But, when medical providers whom we trust make a mistake, you may have a medical malpractice claim for the serious injury or death caused by the malpractice. It is important to remember that not every unfortunate outcome of medical treatment/care is the result of actionable medical malpractice. Nebraska malpractice laws and standards do not hold health care professionals to an impossible standard of perfection.
The Elements Of A Medical Malpractice Claim
To succeed in a medical malpractice case in Nebraska, a victim of medical negligence must prove:
- The medical provider’s applicable standard of care
- That the medical provider breached the applicable standard of care
- That the medical provider’s deviation from that standard of care was the proximate cause of the injury
When these three factors are proven, a medical professional may be held responsible for damages caused by his or her negligence. Negligence that rises to the degree of medical malpractice can occur in a number of situations, for example:
- Failure to diagnose and properly treat a medical condition
- Wrong site surgery
- Labor and delivery mismanagement
- Surgical operation error
- Nursing error
- Pharmaceutical error
- Dental malpractice
- Nursing home neglect and abuse
- Other medical negligence cases
In some cases, professional negligence may be less obvious or its effects may not become apparent for a period of time. You must be aware of two important considerations in professional negligence claims. First, in Nebraska, as in all other states, there are very strict time limits within which you must pursue a professional negligence claim. Failure to do so within these strict time limits will bar your claim from any recovery. Second, professional negligence cases are generally extremely complicated and expensive. Therefore, only serious, and usually permanent injuries clearly resulting from professional negligence are economically worthy of pursuit.
Because of the two factors noted above, if you believe that you have sustained serious injuries that appear to be the clear result of professional negligence, it is imperative that you have an experienced medical malpractice lawyer to thoroughly evaluate your potential claim as soon as possible after its occurrence, or you have become aware of its occurrence.
Contact Our Attorneys To Protect Your Health And Your Rights
Call our knowledgeable legal team at 402-817-2717 or toll free at 800-655-9606 to schedule a free case consultation. You may also contact our firm online. Atwood, Holsten, Brown, Deaver, Spier & Israel Law Firm, P.C., L.L.O., represents malpractice victims throughout Nebraska and Iowa.