Nebraska · Medical Malpractice
Nebraska medical malpractice damage caps and statute of limitations
Refreshed 2026. $2,250,000 damage cap. 2 years from act or omission; 1 year from discovery if injury not discoverable within 2 years. Full breakdown below.
Damage caps
NE Rev. Stat. § 44-2825Non-economic damages cap
None
Total damages cap
$2,250,000
Status
active
Notes
Total damages cap (including economic). Tiered by incident date: $2,250,000 (acts after 2015); $1,750,000 (2004-2014); $1,250,000 (before 2004). Providers qualifying for Excess Liability Fund: individual liability capped at $800,000.
Statute of limitations
NE Rev. Stat. § 44-2828Standard SOL
2 years from act or omission; 1 year from discovery if injury not discoverable within 2 years
Discovery rule
Limited; 1 year from discovery, max 3 years from act
Statute of repose
10 years from date of service/treatment
Minor exception
For children under 6: SOL extended until child's 8th birthday. Standard tolling for older minors.
Wrongful death SOL
2 years from date of death
Notes
Hospital Liability Medical Negligence Act governs qualified provider claims.
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Nebraska med-mal FAQ
What is the medical malpractice statute of limitations in Nebraska?+
2 years from act or omission; 1 year from discovery if injury not discoverable within 2 years. Limited; 1 year from discovery, max 3 years from act Statute of repose: 10 years from date of service/treatment. Wrongful death: 2 years from date of death. Hospital Liability Medical Negligence Act governs qualified provider claims. Source: NE Rev. Stat. § 44-2828.
Does Nebraska have a medical malpractice damage cap?+
Total damages cap: $2,250,000. Total damages cap (including economic). Tiered by incident date: $2,250,000 (acts after 2015); $1,750,000 (2004-2014); $1,250,000 (before 2004). Providers qualifying for Excess Liability Fund: individual liability capped at $800,000. Source: NE Rev. Stat. § 44-2825.
How does Nebraska handle the discovery rule in med-mal cases?+
Limited; 1 year from discovery, max 3 years from act
What is the Nebraska minor exception for medical malpractice?+
For children under 6: SOL extended until child's 8th birthday. Standard tolling for older minors.
What is the wrongful death statute of limitations for Nebraska medical malpractice?+
2 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Nebraska damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Nebraska attorney before relying on a deadline. Data refreshed May 2026.