State Medical Malpractice

Creating Change Within Organizations HCS 587

Most hospitals, staff nurse and physicians biggest fear, is being sued for malpractice. As health care providers, we strive to do right by the patient, always practicing safety first. Medical malpractice, periodically referred to as medical negligence, it happens when a health care provider violates the governing standard of care when providing treatment to a patient, the source the patient to suffer an injury. The United States malpractice system has two objectives: to compensate patients who are injured through negligence by a healthcare provider and to discourage health care providers from practicing negligently Malpractice is a
Indiana’s cap is fairly different from many others, has only been raised twice since 1975 when this law was passed.

Nebraska
Provisions
Nebraska three provisions in the revised statute 44-2825 are: how much the physicians must pay for total damages, the limit that a plaintiff can receive, and The Excess Liability Fund. This statute 44-2825 title it “Action for injury or a death; maximum amount recoverable; settlement; manner” (Nebraska Legislature). The total amount for damages that can be awarded is 1.75 million dollars. A health care provider defendant will not be held accountable to pay for all the damages that are awarded. The health care provider is liable for not more than $500,000. Similar to Indiana the statute had a Fund to help award the money to the plaintiff. The Excess Liability Fund helps Nebraska to be able to pool all balance due from compensation to be pool together to help with large judgments. This fund helps health care providers as it pays over $500,000 per defendant but up to $1,750,000. In 2003, Nebraska’s cap for damages was increase, last change before that was done in 1992. The state of Nebraska statute 44-2825, has recently been revised in 2012 and now the cap of total damages has been increased to $1.75 million dollars. There was an increase because “the $1.75 million cap is based on the