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Medical Professional Liability State Profile:

Nebraska

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$65,501,433 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.

Prejudgment and Post-Judgment Interest

Prejudgment Tort Actions Rate: 2% above the bond investment rate as stated in Neb. Rev. Stat. § 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.
  • Rev. Stat. § 45-103.02
  • Rev. Stat. § 45-103.04
Post-Judgment Tort Actions Rate: Contract rate, if applicable. If none, 2% above the bond investment rate as stated in Neb. Rev. Stat. § 45-103.

Post-Judgment Accrual Date: Date of entry of judgment
  • Rev. Stat. § 45-103.01

One-party or two-party state

Nebraska is a one-party 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. § 86-290 (2011)

Tort Laws

Limits on damages for pain and suffering: $500,000 total cap per provider; $2.25 million cap on total damages (difference paid by state fund)
  • Code §44-2825 (2014)
Limits on contingent attorney fees: Court to approve
  • Code §44-2834 (1976)
Reform of collateral source rule: Discretionary (only applies to nonrefundable medical reimbursement insurance)
  • Code §44-2819 (1976)
Periodic payment of future damages: None

Statute of limitations: 2 years or 1 year after discovery; 10 year maximum
  • Code §25-222 (1972)

Abortion Law

Now that the Supreme Court has overturned Roe:

Nebraska is enforcing a 12-week abortion ban, with limited exceptions.