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

Neb. Rev. Stat. § 44-2822 (2026)

Claim for bodily injury or death; petition or complaint; file; damages

✓ current as of July 2026
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Subject to the requirements of sections 44-2840 to 44-2846, a patient or his or her representative having a claim under the Nebraska Hospital-Medical Liability Act for bodily injury or death on account of alleged malpractice, professional negligence, failure to provide care, breach of contract, or other claim based upon failure to obtain informed consent for an operation or treatment may file a petition or complaint in any court of law having requisite jurisdiction. No dollar amount or figure shall be included in the demand in any malpractice petition or complaint, but the petition shall ask for such damages as are reasonable in the premises.

Notes of Decisions
Cited in 6 cases, 2000–2019 · leading case: Gourley Ex Rel. Gourley v. Nebraska Methodist Health Sys., Inc., 663 N.W.2d 43 (Neb. 2003).
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Gourley Ex Rel. Gourley v. Nebraska Methodist Health Sys., Inc., 663 N.W.2d 43 (Neb. 2003). · cites it 4× “" Neb.Rev.Stat. § 44-2822 (Reissue 1998). Such individuals could include, for example, optometrists (see Neb.”
Gonzales v. Neb. Pediatric Practice, Inc., 26 Neb. Ct. App. 764 (Neb. Ct. App. 2019). · cites it 2× “APPELLANTS' COMPLAINT In August 2014, Appellants sued Appellees for malpractice or professional negligence under Neb. Rev. Stat. § 44-2822 (Reissue 2010).”
Gonzales v. Nebraska Pediatric Practice, 26 Neb. Ct. App. 764 (Neb. Ct. App. 2019). · cites it 2× “A ppellants’ Complaint In August 2014, Appellants sued Appellees for malpractice or professional negligence under Neb. Rev. Stat. § 44-2822 (Reissue 2010).”
Alegent Health Bergan Mercy Med. v. Haworth, 615 N.W.2d 460 (Neb. 2000). “For example, § 44-2822 provides in part: Subject to the requirements of sections 44-2840 to 44-2846, a patient or his or her representative having a claim under the Nebraska Hospital-Medical Liability Act for bodily injury or death on account of alleged malpractice, professional…”
Alegent Health Bergan Mercy Med. Ctr. v. Hawort, 615 N.W.2d 460 (Neb. 2000). “For example, § 44-2822 provides in part: Subject to the requirements of sections 44-2840 to 44-2846, a patient or his or her representative having a claim under the Nebraska Hospital-Medical Liability Act for bodily injury or death on account of alleged malpractice, professional…”
Gonzales v. Nebraska Pediatric Practice, 26 Neb. Ct. App. 764 (Neb. Ct. App. 2019). · cites it 2× “A ppellants’ Complaint In August 2014, Appellants sued Appellees for malpractice or professional negligence under Neb. Rev. Stat. § 44-2822 (Reissue 2010).”
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