Our Areas Of Practice

Personal
Injury

Workers’
Compensation
Wrongful
Death
Insurance
Settlements
and Mediation
Railroad Injuries
(FELA) And
Retaliation

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.

Were you or a loved one harmed by medical malpractice? Call 402-817-2717 or toll free at 800-655-9606 to schedule a free initial consultation at either our Omaha or Lincoln office.

The Elements Of A Medical Malpractice Claim

To succeed in a medical malpractice case in Nebraska, a victim of medical negligence must prove:

  1. The medical provider’s applicable standard of care
  2. That the medical provider breached the applicable standard of care
  3. 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 Law Firm, P.C., L.L.O., represents malpractice victims throughout Nebraska and Iowa.

Rated by Super Lawyers Martindale Hubbell | AV Preeminent | Peer rated for highest level of professional excellence 2017 AV PeerReviewRated | For Ethical Standards And Legal Ability AV PeerReviewRated | For Ethical Standards And Legal Ability ABA - Defending Liberty Pursing justice NATA

What Our Clients Say

The lawyers and support staff at Atwood Law Firm showed me sincere interest and caring on a very personal level, and I knew at all times my interests were front and center in all aspects of my workers' compensation case. This office is staffed by a great group of people. You can relax and be assured that your welfare comes first and foremost in their decisions and actions with respect to your legal case. You are kept aware of the process and progress in your case at all times, and your input is welcomed. I highly recommend the Atwood Law Firm to anyone needing legal assistance.

- WN

I cannot thank you enough for the peace of mind you have brought to my family! Both of my parents are extremely grateful for your work. I knew we were in good hands from the first meeting and you have exceeded all my expectations! It may feel straightforward to you, but to us, you have moved mountains. This settlement will allow my parents, particularly my Dad, to enjoy the rest of their lives to the fullest of their abilities. We all agree that we would give every cent back and more for my Dad to walk again, but that is not going to happen...

- DW

"...He didn't treat me like I was one of 100 clients. He treated me like I was his only client. He acted professionally but with empathy, dignity and friendliness. It didn't matter if it was something small or large, he was always there for me, be it by phone, fax, email, cellphone or meeting me personally at his office or elsewhere. He never rushed me when I didn't understand something, he'd take as much time as needed to explain things to me, especially when it came time for my deposition and in preparation for trial. He was there for me when I truly needed his help..."

- CG

"...My husband and I felt his kindness immediately and were both very impressed with his knowledge of what to expect in a wrongful death case. He pursued our claim in an aggressive manner while at the same time being very protective of our rights and privacy and sheltered us from any unnecessary contact with insurance agents, or any other adverse parties. My husband and I cannot say enough about the kindness, professionalism and legal ability demonstrated by Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O."

- RD

"...If it were not for this law firm all I would have received from this injury would have been a loss of income check and a pat on the back, goodbye. Which only would have been a fraction of what I actually received. He was always professional but more importantly he cared about me and my family as people not just a client. He went beyond his role as my lawyer. He even spoke with my bank and explained why I was behind on my car payment. And this saved me getting my car repossessed..."

- HR

Get A Free Consultation Now

Get Help Today. Call Us At 800-655-9606

Omaha Office
14301 First National Bank Parkway
Suite 100
Omaha, NE 68154

Toll Free: 800-655-9606
Phone: 402-817-2717
Fax: 402-476-4410
Atwood Holsten Brown Deaver Spier
Lincoln Office

575 Fallbrook Boulevard Suite 206
Lincoln, NE 68521

Toll Free: 800-655-9606
Phone: 402-817-2717
Fax: 402-476-4410