Neb. Rev. Stat. » Chapter 44
Nebraska Revised Statutes

Neb. Rev. Stat. § 44-2810 (2026)

Malpractice or professional negligence, defined

✓ current as of July 2026
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Malpractice or professional negligence shall mean that, in rendering professional services, a health care provider has failed to use the ordinary and reasonable care, skill, and knowledge ordinarily possessed and used under like circumstances by members of his profession engaged in a similar practice in his or in similar localities. In determining what constitutes reasonable and ordinary care, skill, and diligence on the part of a health care provider in a particular community, the test shall be that which health care providers, in the same community or in similar communities and engaged in the same or similar lines of work, would ordinarily exercise and devote to the benefit of their patients under like circumstances.

Notes of Decisions
Cited in 24 cases (8 in the last 5 years), 1980–2026 · leading case: Carson v. Steinke, 989 N.W.2d 401 (Neb. 2023).
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Carson v. Steinke, 989 N.W.2d 401 (Neb. 2023). · cites it 25× “Under Neb. Rev. Stat. § 44-2810 (Reissue 2021), a party who seeks to present expert testimony on the standard of care in a medical malpractice case must demonstrate familiarity with the standard of care in the defendant’s locality or a similar locality.”
Hemsley v. Langdon, 299 Neb. 464 (Neb. 2018). · cites it 3× “12 The standard under § 44-2810 includes a locality focus, 13 but otherwise is consistent with the general common-law rule that in a medical malpractice case, the standard of care is found in the customary practices prevailing among reasonable and prudent physicians.”
Konsul v. Asensio, 316 Neb. 874 (Neb. 2024). · cites it 9× “§ 44-2810 (Reissue 2021) defines the general standard of care in medical malpractice cases as “the ordinary and reasonable care, skill, and knowledge ordinarily possessed and used under like cir- cumstances by members of his profession engaged in a similar practice in his or in…”
Wentling v. Jenny, 293 N.W.2d 76 (Neb. 1980). · cites it 12× “In addition, the majority opinion, inadvertently perhaps, casts a shadow upon the validity of Neb. Rev.Stat. § 44-2810 (Reissue 1978), defining malpractice and professional negligence, which section, although not governing this case because it does not apply to causes of action…”
Long v. Hacker, 520 N.W.2d 195 (Neb. 1994). · cites it 2× “However, Long’s petition alleged that Hacker was negligent as defined by Neb. Rev. Stat. § 44-2810 (Reissue 1988) of the Nebraska Hospital-Medical Liability Act, in the following respects: (1) In failing to perform all reasonable and necessary act[s] which would have enabled him…”
Burns v. Metz, 513 N.W.2d 505 (Neb. 1994). · cites it 3× “Malpractice or professional negligence is defined under the Nebraska Hospital-Medical Liability Act in Neb. Rev. Stat. § 44-2810 (Reissue 1988) as follows: Malpractice or professional negligence shall mean that, in rendering professional services, a health care provider has…”
Hoffart v. Hodge, 609 N.W.2d 397 (Neb. Ct. App. 2000). · cites it 3× “Section 44-2810 provides the definition of professional malpractice for health care providers: Malpractice or professional negligence shall mean that, in rendering professional services, a health care provider has failed to use the ordinary and reasonable care, skill, and…”
Thierfelder v. Wolfert, 52 A.3d 1251 (Pa. 2012). “2d 397, 406 (2000) (construing “same or similar locality” in Neb.Rev. Stat. § 44-2810 (1976)); Vigil v.”
Gilbert v. Archbishop Bergan Mercy Hosp., 421 N.W.2d 760 (Neb. 1988). · cites it 3× “3) followed Neb. Rev. Stat. § 44-2810 (Reissue 1984) directly, and reads: A statute of the State of Nebraska in force at the time involved in this case provides: “Malpractice or professional negligence shall mean that, in rendering professional services, a health care provider…”
Vieregger v. Robertson, 609 N.W.2d 409 (Neb. Ct. App. 2000). · cites it 3× “01; however, they assert that the court should not have instructed the jury on the statutory definition of malpractice contained in the Nebraska Hospital-Medical Liability Act, codified at Neb. Rev. Stat. § 44-2810 (Reissue 1998).”
Fales v. Books, 570 N.W.2d 841 (Neb. 1997). · cites it 2× “We first note that Neb. Rev. Stat. § 44-2810 (Reissue 1993) of the Nebraska Hospital-Medical Liability Act specifically provides for use of the locality rule.”
R.W. v. Schrein, 642 N.W.2d 505 (Neb. 2002). “” § 44-2810. As we have noted, the conduct upon which Schrein’s liability to appellants is based was not the rendering of professional services, but, rather, sexual abuse.”
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