Except as provided in section 25-213, any action to recover damages based on alleged malpractice or professional negligence or upon alleged breach of warranty in rendering or failing to render professional services shall be commenced within two years next after the alleged act or omission in rendering or failing to render professional services providing the basis for such action, except that if the cause of action is not discovered and could not be reasonably discovered within such two-year period, the action may be commenced within one year from the date of such discovery or from the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier. In no event may any action be commenced to recover damages for malpractice or professional negligence or breach of warranty in rendering or failing to render professional services more than ten years after the date of rendering or failing to render such professional service which provides the basis for the cause of action.
Notes of Decisions
Cited in
24
cases (
4 in the last 5 years), 1985–2024 · leading case:
Bogue v. Gillis
Bogue v. Gillis (2022)
neb · cites it 24×
“See Neb. Rev. Stat. § 44-2828 (Reissue 2021).”
Weaver v. Cheung (1998)
neb · cites it 14×
“Cheung and *351 Platte Valley filed an answer in which they generally denied Weaver’s allegations of negligence and asserted as an affirmative defense that the action was “barred by the applicable statute of limitations, Neb. Rev. Stat. §44-2828 (Reissue 1993).” Weaver did not…”
ALEGENT HEALTH BERGAN MERCY MED. v. Haworth (2000)
neb · cites it 17×
“1996), is governed by the limitations provision of § 44-2828, which is a component of the NHMLA, or by the statute of limitations applicable to wrongful death actions set forth in Neb.”
Kocsis v. Harrison (1996)
neb · cites it 5×
“The applicable statute of limitations is found in Neb. Rev. Stat. § 44-2828 (Reissue 1993) of the Nebraska Hospital-Medical Liability Act.”
Healy v. Langdon (1994)
neb · cites it 3×
“Langdon contended that the action was barred by the professional malpractice statute of limitations found in the *3 Nebraska Hospital-Medical Liability Act, Neb. Rev. Stat. § 44-2828 (Reissue 1988).”
Carruth v. State (2006)
neb · cites it 2×
“The applicable statute of limitations in Weaver was Neb. Rev. Stat. § 44-2828 (Reissue 2004), which provided the same 2-year limitations period and the same discovery rule as found in § 25-222.”
Schuemann v. Timperley (2023)
neb · cites it 3×
“Specifically, Timperley stated that under Neb. Rev. Stat. §§ 44-2828 (Reissue 2021) and 25-222 (Reissue 2016), Schuemann was required to file his lawsuit within 2 years after the alleged act or omission giving rise to his claim.”
Reifschneider v. Nebraska Methodist Hospital (1989)
neb · cites it 3×
“Apparently, the parties are in agreement that the applicable statute of limitations is Neb. Rev. Stat. § 44-2828 (Reissue 1988), which provides that any action to recover damages based on malpractice or professional negligence shall be commenced within 2 years next after the act…”
Giese v. Stice (1997)
neb · cites it 2×
“§ 44-2828. This language is identical in all material respects to that contained in § 25-222, which applies to professional negligence actions governed by the common law.”
Casey v. Levine (2001)
neb
“§ 25-222 (Reissue 1995) or § 44-2828. The record does not indicate whether the doctors have elected to come under the Nebraska Hospital-Medical Liability Act.”
Alegent Health Bergan Mercy Medical Center v. Hawort (2000)
neb · cites it 17×
“1996), is governed by the limitations provision of § 44-2828, which is a component of the NHMLA, or by the statute of limitations applicable to wrongful death actions set forth in Neb.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.