reglab/housing_qa huggingface dataset:
NE Code § 44-2810 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2810 - Malpractice or professional negligence, defined.

44-2810.  Malpractice or professional negligence, defined.Malpractice or professional negligence shall mean that, in rendering professional services, a health care provider has failed to use the ordinary and reasonable care, skill, and knowledge ordinarily possessed and used under like circumstances by members of his profession engaged in a similar practice in his or in similar localities. In determining what constitutes reasonable and ordinary care, skill, and diligence on the part of a health care provider in a particular community, the test shall be that which health care providers, in the same community or in similar communities and engaged in the same or similar lines of work, would ordinarily exercise and devote to the benefit of their patients under like circumstances.Source  Laws 1976, LB 434, § 10. Annotations  The applicable standard of care in medical malpractice cases is established by the Nebraska Hospital-Medical Liability Act and has a locality focus, but otherwise is consistent with the general common-law standard of care. Hemsley v. Langdon, 299 Neb. 464, 909 N.W.2d 59 (2018). Hospital policies and rules do not conclusively determine the standard of care owed. Green v. Box Butte General Hosp., 284 Neb. 243, 818 N.W.2d 589 (2012). This section of the Nebraska Hospital-Medical Liability Act specifically provides for use of the locality rule. Fales v. Books, 253 Neb. 491, 570 N.W.2d 841 (1997). Plaintiff failed to allege that defendants, in rendering professional services, failed to use the ordinary and reasonable care, skill, and knowledge ordinarily possessed and used under like circumstances by health care providers practicing in the community. Hitzemann v. Adam, 246 Neb. 201, 518 N.W.2d 102 (1994).
NE Code § 44-2811 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2811 - Health care, defined.

44-2811.  Health care, defined.Health care shall mean any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's care, treatment, or confinement.Source  Laws 1976, LB 434, § 11.
NE Code § 44-2812 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2812 - Risk manager, defined.

44-2812.  Risk manager, defined.Risk manager shall mean an insurance company admitted to write insurance in Nebraska, which company shall be appointed by the director to manage the Residual Malpractice Insurance Authority.Source  Laws 1976, LB 434, § 12.
NE Code § 44-2813 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2813 - Occurrence, defined.

44-2813.  Occurrence, defined.Occurrence shall mean the event, incident, or happening, and the acts or omissions incident thereto, which proximately cause injuries or damages for which reimbursement is or may be claimed by the patient or his representative.Source  Laws 1976, LB 434, § 13.
NE Code § 44-2814 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2814 - Insurer, defined.

44-2814.  Insurer, defined.Insurer shall mean the authority or an insurance company engaged in writing malpractice liability insurance in this state.Source  Laws 1976, LB 434, § 14.
NE Code § 44-2815 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2815 - Authority, defined.

44-2815.  Authority, defined.Authority shall mean the Residual Malpractice Insurance Authority established pursuant to section 44-2837.Source  Laws 1976, LB 434, § 15.
NE Code § 44-2817 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2817 - Nonrefundable payments, benefits, or damages, defined.

44-2817.  Nonrefundable payments, benefits, or damages, defined.Nonrefundable payments, benefits, or damages shall mean those payments, benefits, or damages which are not required to be refunded in event of recovery of damages pursuant to sections 44-2801 to 44-2855.Source  Laws 1976, LB 434, § 17.
NE Code § 44-2818 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2818 - Health care provider; express or implied contract assuring results; liability; when.

44-2818.  Health care provider; express or implied contract assuring results; liability; when.No liability shall be imposed upon any health care provider on the basis of an alleged breach of an express or implied contract assuring results to be obtained from any procedure undertaken in the course of health care, unless such contract is expressly set forth in writing and is signed by such health care provider or by an authorized agent of such health care provider. Nothing in this section shall exempt any health care provider from the standard of due care in administering any procedure undertaken.Source  Laws 1976, LB 434, § 18. Annotations Plaintiff's petition did not allege a contract expressly set forth in writing, signed by defendants or their authorized agents regarding an express or implied contract ensuring the results to be obtained from the procedures undertaken by defendant in the health care of plaintiff. Hitzemann v. Adam, 246 Neb. 201, 518 N.W.2d 102 (1994).
NE Code § 44-2819 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2819 - Bodily injuries or wrongful death actions; evidence of medical reimbursement insurance inadmissible; credit against judgment; damages recoverable.

44-2819.  Bodily injuries or wrongful death actions; evidence of medical reimbursement insurance inadmissible; credit against judgment; damages recoverable.(1) In any action for damages for bodily injuries or for wrongful death when it is alleged that the claimant suffered damages for the cost of medical care, custodial care or rehabilitation services, evidence which tends to establish that the claimant or another person so damaged has been or shall be reimbursed or paid for any such item of damage, cost, or expense, in whole or in part, by any nonrefundable medical reimbursement insurance shall not be admissible in evidence or brought to the attention of the jury, but such nonrefundable medical reimbursement insurance benefits, less all premiums paid by or for the claimant, may be taken as a credit against any judgment rendered. The matter of any credit to be deducted from a judgment shall be determined by the court in a separate hearing or upon the stipulation of the parties.(2) Damages recoverable in any action shall be those losses which have been or shall be sustained by the claimant as a direct and proximate result of the defendant's wrongful acts as established by a preponderance of the evidence. In wrongful death actions, pecuniary loss to a widow or widower, any dependent, or next of kin shall be subject to all of the terms and provisions of sections 44-2801 to 44-2855.Source  Laws 1976, LB 434, § 19.
NE Code § 44-2820 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2820 - Action based on failure to obtain informed consent; burden of proof.

44-2820.  Action based on failure to obtain informed consent; burden of proof.Before the plaintiff may recover any damages in any action based on failure to obtain informed consent, it shall be established by a preponderance of the evidence that a reasonably prudent person in the plaintiff's position would not have undergone the treatment had he or she been properly informed and that the lack of informed consent was the proximate cause of the injury and damages claimed.Source   Laws 1976, LB 434, § 20;   Laws 1984, LB 692, § 4.  Annotations  To be "properly informed" under this section, a patient must be informed under the standard articulated in section 44-2816. Curran v. Buser, 271 Neb. 332, 711 N.W.2d 562 (2006). The language of this statute is adopted for the purposes of malpractice actions against chiropractors. Jones v. Malloy, 226 Neb. 559, 412 N.W.2d 837 (1987).
NE Code § 44-2822 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2822 - Claim for bodily injury or death; petition or complaint; file; damages.

44-2822.  Claim for bodily injury or death; petition or complaint; file; damages.Subject to the requirements of sections 44-2840 to 44-2846, a patient or his or her representative having a claim under the Nebraska Hospital-Medical Liability Act for bodily injury or death on account of alleged malpractice, professional negligence, failure to provide care, breach of contract, or other claim based upon failure to obtain informed consent for an operation or treatment may file a petition or complaint in any court of law having requisite jurisdiction. No dollar amount or figure shall be included in the demand in any malpractice petition or complaint, but the petition shall ask for such damages as are reasonable in the premises.Source   Laws 1976, LB 434, § 22;   Laws 1984, LB 692, § 6.
NE Code § 44-2824 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2824 - Health care provider; qualify under act; conditions.

44-2824.  Health care provider; qualify under act; conditions.(1) To be qualified under the Nebraska Hospital-Medical Liability Act, a health care provider or such health care provider's employer, employee, partner, or limited liability company member shall:(a) File with the director proof of financial responsibility, pursuant to section 44-2827 or 44-2827.01, in the amount of five hundred thousand dollars for each occurrence. In the case of physicians or certified registered nurse anesthetists and their employers, employees, partners, or limited liability company members an aggregate liability amount of one million dollars for all occurrences or claims made in any policy year for each named insured shall be provided. In the case of hospitals and their employees, an aggregate liability amount of three million dollars for all occurrences or claims made in any policy year or risk-loss trust year shall be provided. Such policy may be written on either an occurrence or a claims-made basis. Any risk-loss trust shall be established and maintained only on an occurrence basis. Such qualification shall remain effective only as long as insurance coverage or risk-loss trust coverage as required remains effective; and(b) Pay the surcharge and any special surcharge levied on all health care providers pursuant to sections 44-2829 to 44-2831.(2) Subject to the requirements in subsections (1) and (4) of this section, the qualification of a health care provider shall be either on an occurrence or claims-made basis and shall be the same as the insurance coverage provided by the insured's policy.(3) The director shall have authority to permit qualification of health care providers who have retired or ceased doing business if such health care providers have primary insurance coverage under subsection (1) of this section.(4) A health care provider who is not qualified under the act at the time of the alleged occurrence giving rise to a claim shall not, for purposes of that claim, qualify under the act notwithstanding subsequent filing of proof of financial responsibility and payment of a required surcharge.(5) Qualification of a health care provider under the Nebraska Hospital-Medical Liability Act shall continue only as long as the health care provider meets the requirements for qualification. A health care provider who has once qualified under the act and who fails to renew or continue his or her qualification in the manner provided by law and by the rules and regulations of the Department of Insurance shall cease to be qualified under the act.Source   Laws 1976, LB 434, § 24;   Laws 1984, LB 692, § 7;   Laws 1986, LB 1005, § 1;   Laws 1990, LB 542, § 3;   Laws 1993, LB 121, § 247;   Laws 1994, LB 884, § 59;  Laws 2004, LB 998, § 1;  Laws 2005, LB 256, § 18.  Annotations The Nebraska Hospital-Medical Liability Act does not have application to acts of negligence committed by otherwise qualified health care providers outside the boundaries of this state. Harper v. Silva, 224 Neb. 645, 399 N.W.2d 826 (1987).
NE Code § 44-2825 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2825 - Action for injury or death; maximum amount recoverable; settlement; manner.

44-2825.  Action for injury or death; maximum amount recoverable; settlement; manner.(1) The total amount recoverable under the Nebraska Hospital-Medical Liability Act from any and all health care providers and the Excess Liability Fund for any occurrence resulting in any injury or death of a patient may not exceed (a) five hundred thousand dollars for any occurrence on or before December 31, 1984, (b) one million dollars for any occurrence after December 31, 1984, and on or before December 31, 1992, (c) one million two hundred fifty thousand dollars for any occurrence after December 31, 1992, and on or before December 31, 2003, (d) one million seven hundred fifty thousand dollars for any occurrence after December 31, 2003, and on or before December 31, 2014, and (e) two million two hundred fifty thousand dollars for any occurrence after December 31, 2014.(2) A health care provider qualified under the act shall not be liable to any patient or his or her representative who is covered by the act for an amount in excess of five hundred thousand dollars for all claims or causes of action arising from any occurrence during the period that the act is effective with reference to such patient.(3) Subject to the overall limits from all sources as provided in subsection (1) of this section, any amount due from a judgment or settlement which is in excess of the total liability of all liable health care providers shall be paid from the Excess Liability Fund pursuant to sections 44-2831 to 44-2833.Source   Laws 1976, LB 434, § 25;   Laws 1984, LB 692, § 8;   Laws 1986, LB 1005, § 2;   Laws 1992, LB 1006, § 18;  Laws 2003, LB 146, § 1;  Laws 2004, LB 998, § 2;  Laws 2014, LB961, § 3. Annotations The cap on damages in subsection (1) of this section does not violate principles of special legislation, equal protection, the open courts provision, the right to a remedy, the right to a jury trial, the taking of property, and the separation of powers. Gourley v. Nebraska Methodist Health Sys., 265 Neb. 918, 663 N.W.2d 43 (2003).
NE Code § 44-2826 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2826 - Advance payment; not construed as admission of liability; inadmissible as evidence; reduction or adjustment of judgment; claim not assignable.

44-2826.  Advance payment; not construed as admission of liability; inadmissible as evidence; reduction or adjustment of judgment; claim not assignable.(1) Any payment made by a health care provider or his insurer to or for the patient or any other person in the patient's behalf in advance of a final determination of liability of all health care providers shall not be construed as an admission of liability for injuries or damages suffered in any action brought under sections 44-2801 to 44-2855.(2) Evidence of an advance payment shall not be admissible until there is a final judgment in favor of the plaintiff, in which event the court shall reduce the judgment to the plaintiff by the amount of such advance payment. The advance payment shall inure to the exclusive benefit of the defendant making the payment. If the advance payment exceeds the liability of the defendant, the court shall order any adjustment necessary to equalize the amount which each defendant is obligated to pay, exclusive of costs. In no case shall an advance payment in excess of the amount found to be due from any health care provider be repayable to the health care provider making it.(3) A patient's claim for compensation under sections 44-2801 to 44-2855 shall not be assignable.Source  Laws 1976, LB 434, § 26.
NE Code § 44-2827 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2827 - Health care provider; proof of financial responsibility; filing by insurer.

44-2827.  Health care provider; proof of financial responsibility; filing by insurer.Financial responsibility of a health care provider may be established only by filing with the director proof that the health care provider is insured pursuant to sections 44-2837 to 44-2839 or by a policy of professional liability insurance in a company authorized to do business in Nebraska. Such insurance shall be in the amount of five hundred thousand dollars per occurrence and, in cases involving physicians or certified registered nurse anesthetists, but not with respect to hospitals, an aggregate liability of at least one million dollars for all occurrences or claims made in any policy year shall be provided. In the case of hospitals and their employees, an aggregate liability amount of three million dollars for all occurrences or claims made in any policy year shall be provided. The filing shall state the premium charged for the policy of insurance.Source   Laws 1976, LB 434, § 27;   Laws 1986, LB 1005, § 3;  Laws 2003, LB 146, § 2;  Laws 2004, LB 998, § 3;  Laws 2005, LB 256, § 19.
NE Code § 44-2828 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2828 - Action to recover damages; limitation of action.

44-2828.  Action to recover damages; limitation of action.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.Source   Laws 1976, LB 434, § 28;   Laws 1984, LB 692, § 9.  Annotations  While section 30-810 includes a general statute of limitations applicable to wrongful death actions, this section is a subsequently enacted special statute of limitations applicable to all personal injury and wrongful death actions against health care providers who have taken the necessary steps to qualify under the Nebraska Hospital-Medical Liability Act. Alegent Health Bergan Mercy Med. Ctr. v. Haworth, 260 Neb. 63, 615 N.W.2d 460 (2000). The discovery exception contained in this section is a tolling provision which permits the filing of an action after the 2-year period only in those circumstances where the cause of action was not discovered and could not reasonably have been discovered within that period. Weaver v. Cheung, 254 Neb. 349, 576 N.W.2d 773 (1998). The language in this section is identical in all material respects to that contained in section 25-222, which applies to professional negligence actions governed by the common law. Giese v. Stice, 252 Neb. 913, 567 N.W.2d 156 (1997). In medical malpractice cases, the period of limitations or repose begins to run when the treatment rendered after and relating to the allegedly wrongful act or omission is completed. Healy v. Langdon, 245 Neb. 1, 511 N.W.2d 498 (1994). The Nebraska Hospital-Medical Liability Act provides for the filing of medical malpractice claims against health care providers within 2 years from the date of the negligent treatment. Jacobson v. Shresta, 21 Neb. App. 102, 838 N.W.2d 19 (2013). The Nebraska Hospital-Medical Liability Act provides a 2-year statute of limitations for medical malpractice claims unless the cause of action could not have been reasonably discovered within the 2 years, and then the action may be brought within 1 year from the date of discovery. Hampton v. Shaw, 14 Neb. App. 499, 710 N.W.2d 341 (2006).
NE Code § 44-2829 (2021)
2021 Nebraska Revised Statutes|Chapter 44 - Insurance|44-2829 - Excess Liability Fund; created; how funded; use surcharge; premiums.

44-2829.  Excess Liability Fund; created; how funded; use surcharge; premiums.(1) There is hereby created an Excess Liability Fund to be collected and received by the director for the exclusive use and purposes stated in the Nebraska Hospital-Medical Liability Act. Such fund and any income from it shall be held by the State Treasurer in trust, deposited in a separate account, and invested and reinvested pursuant to law.(2) To create the fund, an annual surcharge shall be levied on all health care providers in Nebraska who have qualified under sections 44-2824 and 44-2827. The surcharge for each health care provider shall be determined by the director subject to the following limitations:(a) The annual surcharge shall not exceed fifty percent of the annual premium paid by such health care provider for maintenance of current financial responsibility as provided in sections 44-2827 and 44-2837 to 44-2839; and(b) The charge shall not exceed the amount necessary to maintain the fund in the amount stated in section 44-2830.(3) Such surcharge and any primary insurance premiums due under sections 44-2837 to 44-2839 shall be due and payable within thirty days after the health care provider has qualified in Nebraska pursuant to section 44-2824 and shall be payable annually thereafter in such amounts as may be determined by the director insofar as the surcharge is concerned and by the risk manager insofar as primary liability coverage is concerned.(4) The net premiums payable for primary insurance provided by the risk manager pursuant to sections 44-2837 to 44-2839 shall be deposited in the fund at least annually by the risk manager.(5) If the annual premium surcharge or premiums for primary insurance under sections 44-2837 to 44-2839 are not paid within the time specified in subsection (3) of this section, the qualification of the health care provider under section 44-2824 shall be suspended until the annual premiums are paid. Such suspension shall not be effective as to patients claiming against the health care provider unless, at least thirty days before the effective date of the suspension, a written notice giving the date upon which the suspension becomes effective has been provided by the director to the health care provider.(6) The Director of Insurance, as administrator of the fund, shall be responsible for legal defense of the fund. The director, using money from the fund as deemed necessary, appropriate, or desirable, may purchase the services of persons, firms, and corporations to aid in protecting the fund against claims. The Department of Justice shall not be responsible for legal defense of the fund. All expenses of collecting, protecting, and administering the fund shall be paid from the fund.Source   Laws 1976, LB 434, § 29;   Laws 1984, LB 692, § 10;   Laws 1986, LB 1005, § 4;  Laws 2003, LB 146, § 3;  Laws 2004, LB 998, § 4.