(1) The total amount recoverable under the Nebraska Hospital-Medical Liability Act from any and all health care providers and the Excess Liability Fund for any occurrence resulting in any injury or death of a patient may not exceed (a) five hundred thousand dollars for any occurrence on or before December 31, 1984, (b) one million dollars for any occurrence after December 31, 1984, and on or before December 31, 1992, (c) one million two hundred fifty thousand dollars for any occurrence after December 31, 1992, and on or before December 31, 2003, (d) one million seven hundred fifty thousand dollars for any occurrence after December 31, 2003, and on or before December 31, 2014, and (e) two million two hundred fifty thousand dollars for any occurrence after December 31, 2014.
(2) A health care provider qualified under the act shall not be liable to any patient or his or her representative who is covered by the act for an amount in excess of eight hundred thousand dollars for all claims or causes of action arising from any occurrence during the period that the act is effective with reference to such patient.
(3) Subject to the overall limits from all sources as provided in subsection (1) of this section, any amount due from a judgment or settlement which is in excess of the total liability of all liable health care providers shall be paid from the Excess Liability Fund pursuant to sections 44-2831 to 44-2833.
(4) Nothing in the Nebraska Hospital-Medical Liability Act shall be construed to require the Excess Liability Fund to provide coverage for the first eight hundred thousand dollars per occurrence or to provide a defense for or on behalf of a qualified health care provider after the provider's annual aggregate limit of liability amount set forth in sections 44-2824 and 44-2827 has been exhausted. A qualified health care provider's purchase of coverage with an aggregate limit of liability higher than required by sections 44-2824 and 44-2827 shall not affect the obligation of payment from the Excess Liability Fund pursuant to this section.
Notes of Decisions
Gourley Ex Rel. Gourley v. Nebraska Methodist Health Sys., Inc., 663 N.W.2d 43 (Neb. 2003).
· cites it 94× “The Gourleys filed a second motion for new trial, contending that the cap on damages imposed by § 44-2825 is unconstitutional because it violates their rights to (1) equal protection; (2) a jury trial; (3) an open court and full remedy; (4) substantive due process; and (5) life,…”
Prendergast v. Nelson, 256 N.W.2d 657 (Neb. 1977).
· cites it 8× “Section 44-2825, R.S.Supp., 1976, limits the total amount recoverable under the act from a health care provider to *676 $500,000.”
Lozada v. United States, 140 F.R.D. 404 (D. Neb. 1991).
· cites it 6× “ISSUES The issues related to damages which must be resolved by the Court include: (1) Louis Lozada’s life expectancy; (2) the amount of damages for future medical expenses; (3) the amount of damages for loss of earning capacity; (4) the amount of non-economic damages; (5)…”
Miller v. Johnson, 289 P.3d 1098 (Kan. 2012).
“Code § 34-18-14-3 (2008) ($1,250,000 total cap); Neb. Rev. Stat. § 44-2825 (2010) ($1.75 million total cap in medical malpractice actions).”
Schmidt v. Heather Ramsey, APRN-CNM, 860 F.3d 1038 (8th Cir. 2017).
“The Nebraska cap imposed an upper legal limit on that jury determination, see Neb. Rev. Stat. § 44-2825 (1) (“The total amount recoverable under the .”
Alegent Health Bergan Mercy Med. v. Haworth, 615 N.W.2d 460 (Neb. 2000).
· cites it 2× “Similarly, § 44-2819(1) provides for certain credits to be applied in "any action for damages for bodily injuries or for wrongful death. " (Emphasis supplied.) Subsection (2) of the same statute provides, in part, that "[ i ] n wrongful death actions, pecuniary loss to a widow…”
Hoffart v. Hodge, 609 N.W.2d 397 (Neb. Ct. App. 2000).
“See § 44-2825(1). Participating physicians pay a surcharge on their base liability policy premiums, which is used to maintain the Fund.”
Jessen v. Malhotra, 112 F. Supp. 2d 917 (D. Neb. 2000).
· cites it 2× “§ 44-2828 (Michie 1995), places a “cap” on damages, see Neb.Rev.Stat. Ann. § 44-2825 (Michie 1995), and provides for medical review panels to review malpractice claims prior to the filing of suit, see Neb.”
Alegent Health Bergan Mercy Med. Ctr. v. Hawort, 615 N.W.2d 460 (Neb. 2000).
· cites it 2× “Similarly, § 44-2819(1) provides for certain credits to be applied in “any action for damages for bodily injuries or for wrongful death.” (Emphasis supplied.) Subsection (2) of the same statute provides, in part, that “[¿]n wrongful death actions, pecuniary loss to a widow or…”
Hansen v. United States (D. Neb. 2023).
· cites it 4× “The Court concludes that the issue of whether any references to the Nebraska Hospital- Medical Liability Act should be allowed at trial can be answered—albeit probably not to the satisfaction of either party—without determining whether this part of Defendant’s Motion is a…”
S.S. v. Bellevue Med. Ctr. (8th Cir. 2017).
“The Nebraska cap imposed an upper legal limit on that jury determination, see Neb. Rev. Stat. § 44-2825 (1) (“The total amount recoverable under the .”
— Neb. Rev. Stat. § 44-2825(1) — 6 cases
Gourley Ex Rel. Gourley v. Nebraska Methodist Health Sys., Inc., 663 N.W.2d 43 (Neb. 2003).
“The Gourleys filed a second motion for new trial, contending that the cap on damages imposed by § 44-2825 is unconstitutional because it violates their rights to (1) equal protection; (2) a jury trial; (3) an open court and full remedy; (4) substantive due process; and (5) life,…”
Alegent Health Bergan Mercy Med. v. Haworth, 615 N.W.2d 460 (Neb. 2000).
“Similarly, § 44-2819(1) provides for certain credits to be applied in "any action for damages for bodily injuries or for wrongful death. " (Emphasis supplied.) Subsection (2) of the same statute provides, in part, that "[ i ] n wrongful death actions, pecuniary loss to a widow…”
Lozada v. United States, 140 F.R.D. 404 (D. Neb. 1991).
“ISSUES The issues related to damages which must be resolved by the Court include: (1) Louis Lozada’s life expectancy; (2) the amount of damages for future medical expenses; (3) the amount of damages for loss of earning capacity; (4) the amount of non-economic damages; (5)…”
Hoffart v. Hodge, 609 N.W.2d 397 (Neb. Ct. App. 2000).
“See § 44-2825(1). Participating physicians pay a surcharge on their base liability policy premiums, which is used to maintain the Fund.”
Alegent Health Bergan Mercy Med. Ctr. v. Hawort, 615 N.W.2d 460 (Neb. 2000).
“Similarly, § 44-2819(1) provides for certain credits to be applied in “any action for damages for bodily injuries or for wrongful death.” (Emphasis supplied.) Subsection (2) of the same statute provides, in part, that “[¿]n wrongful death actions, pecuniary loss to a widow or…”
— Neb. Rev. Stat. § 44-2825(2) — 1 case
Gourley Ex Rel. Gourley v. Nebraska Methodist Health Sys., Inc., 663 N.W.2d 43 (Neb. 2003).
“The Gourleys filed a second motion for new trial, contending that the cap on damages imposed by § 44-2825 is unconstitutional because it violates their rights to (1) equal protection; (2) a jury trial; (3) an open court and full remedy; (4) substantive due process; and (5) life,…”
— Neb. Rev. Stat. § 44-2825(3) — 1 case
Gourley Ex Rel. Gourley v. Nebraska Methodist Health Sys., Inc., 663 N.W.2d 43 (Neb. 2003).
“The Gourleys filed a second motion for new trial, contending that the cap on damages imposed by § 44-2825 is unconstitutional because it violates their rights to (1) equal protection; (2) a jury trial; (3) an open court and full remedy; (4) substantive due process; and (5) life,…”
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