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Medical Professional Liability State Profile:

Nebraska

PRA New Business Paper
#9 ProAssurance State Rank
#37 Market Rank
$75,829,337 Size of MPL Market

CME Requirements

Credit Amount
Nebraska requires physicians to complete 50 hours of Category 1 CME per licensure cycle.

Licensure Cycle
Biennial—ending on Oct. 1 of even-numbered years.

Topics
Physicians who prescribe controlled substances are required to complete at least 3 hours of controlled substance prescribing CME each licensure cycle, of which .5 hours shall cover PDMPs.

CME requirements listed above were updated based on information from the Nebraska Board of Medicine and Surgery, but education requirements do change. Due to COVID-19, certain states may have modified their licensure requirements. Physicians should confirm Nebraska’s current requirements provided by the Nebraska Department of Health and Human Services - Medicine and Surgery.

Physician Market Comparison

Nebraska = $17,981,216
About the same as Montana ($17,877,521)
Iowa is about twice the size ($36,980,505)
Vermont is about half the size ($7,432,531) 

Region

Midwest

New Business Paper

ProAssurance

Tort Laws

Limits on damages for pain and suffering: $800,000 total cap per provider; $2.25 million cap on total damages (difference paid by state fund)
  • Neb. Rev. Stat. Ann. § 44-2825
Limits on contingent attorney fees: Court to approve
  • Neb. Rev. Stat. Ann. § 44-2834
Reform of collateral source rule: Discretionary (only applies to nonrefundable medical reimbursement insurance)
  • Neb. Rev. Stat. Ann. § 44-2819
Periodic payment of future damages: None
Statute of limitations: Two years or one year after discovery; 10-year maximum
  • Neb. Rev. Stat. Ann. § 25-222

Prejudgment and Post-Judgment Interest

Prejudgment Tort Actions Rate: 2% above the bond investment rate
  • Neb. Rev. Stat. Ann. § 45-103
Prejudgment Accrual Date: From the date of the plaintiff’s first offer of settlement which is exceeded by the judgment until the entry of judgment if the conditions stated in § 45-103.02 are met. However, no prejudgment interest is allowed against the state, a political subdivision or any employee of either for any negligent act or omission.
  • Neb. Rev. Stat. Ann. §§ 45-103.02; 45-103.04
Post-Judgment Tort Actions Rate: Contract rate, if applicable. If none, 2% above the bond investment rate.
  • Neb. Rev. Stat. Ann. § 45-103
Post-Judgment Accrual Date: Date of entry of judgment
  • Neb. Rev. Stat. Ann. § 45-103.01

One-party or two-party state

Nebraska is a one-party consent state.

In Nebraska, it is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Nebraska, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Neb. Rev. Stat. Ann. §§ 86-290; 86-283; 86-286.

 

Abortion Law

Now that the Supreme Court has overturned Roe:

Nebraska is enforcing a 12-week abortion ban, with limited exceptions. On November 5,  Nebraskans voted to enshrine the 12-week ban in the state constitution and rejected an amendment that would have protected abortion until viability.