Nebraska

• 4 years with Discovery Rule. (Neb. Rev. Stat. §25-207)
• Medical malpractice – 2 years. If the injury is not discovered within the 2-year period, then the action must be filed within 1 year from the date the injury was or should have been discovered, whichever is earlier, but no later than 10 years after the act or omission that provides the basis for the action. (Neb. Rev. Stat. §25-222; Neb. Rev. Stat. §44-2828)

• Maximum amount recoverable under Nebraska Hospital-Medical Liability Act and from any and all health care providers and the Excess Liability Fund is $1 million for occurrences after December 31, 1984 and on or before December 31, 1992, $1,200,000 for occurrences after December 31, 1992 and on or before December 31, 2003, and $1,750,000 for occurrences after December 31, 2003. (Neb. Rev. Stat. §44-2825)

• 2 years. (Neb. Rev. Stat. §30-810)

• Maximum amount recoverable under Nebraska Hospital-Medical Liability Act and from any and all health care providers and the Excess Liability Fund is $1 million for occurrences after December 31, 1984 and on or before December 31, 1992, $1,200,000 for occurrences after December 31, 1992 and on or before December 31, 2003, and $1,750,000 for occurrences after December 31, 2003. (Neb. Rev. Stat. §44-2825)

• Nebraska Department of Health and Human Services
• Health Care Facilities and Services Complaints
• Adult Protective Services
• State Unit on Aging
• Long-Term Care Ombudsman

• Adult Protective Services Act – (Neb. Rev. Stat. §§28-348 – 387)

• Another State Invalidates Nursing Home Arbitration Agreements

On October 16th, the Nebraska Supreme Court ruled that an arbitration agreement between a nursing home and one of its residents was invalid because the resident’s son did not have the authority to sign a voluntary arbitration agreement on her behalf. 

Frank Koricic lived with his elderly mother, Manda Baker, and assisted her in her activities of daily living.  Ms. Baker was originally from Croatia and had limited ability to read, speak, or understand English.  Because of a decline in health, Ms. Baker was admitted to the Beverly Hallmark nursing home (now doing business as Beverly Enterprises) in Omaha, Nebraska. 

• Under-staffing At Nursing Home Blamed For Pressure Ulcer, Infection & Subsequent Death

The son of a deceased nursing home patient blames 'under-staffing' as the primary reason why his mother fell and subsequently developed pressure ulcers.  Gary Brown filed a lawsuit against a county operated nursing home in Nebraska on behalf of his deceased mother's estate.

In addition to under-staffing, the lawsuit alleges the facility allowed his mother to develop pressure ulcers (also referred to as pressure sores, decubitus ulcers or bed sores) during her recovery from a fall at the facility. Despite the fact that the pressure ulcers progressed and became infected, the facility also allegedly failed to notify the woman's personal physician.  Lastly, it is claimed that the pressure sores contributed to the patient's death.

• Lawsuit Claims That Nursing Home's Negligence Resulted In Patient's Decubitus Ulcers

A nursing home negligence lawsuit has been filed against Highland Health Care Center and its parent company  Covenant Care Midwest for their negligent care of a patient.  The lawsuit alleges that the patient was admitted to Highland Health Care Center on November 5, 2008 for physical therapy, following a total knee replacement surgery.

During the course of the prescribed physical therapy, the patient developed decubitus ulcers on his back and heel.  The decubitus ulcers became so severe that, surgery was required to help heal the wounds.