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You are also entitled to noneconomic damages for physical pain and suffering, mental and emotional suffering, physical impairment, inconvenience, disfigurement, loss of enjoyment of life, loss of consortium (disruption of your personal relationship with your spouse), etc. There is no definite standard of calculating reasonable compensation for these types of damages other than being just and reasonable in light of the evidence.
In certain instances, damages may be awarded to families of injured claimants for loss of care, companionship, love and affection. Family members can be compensated for the wrongful death of a loved one. These damages may include medical and burial expenses, loss of income that would have supported the family members, emotional suffering, and loss of the pleasures of the family relationship.
In general, limits are not imposed on the amount of compensation recoverable in a medical malpractice case. However, for claims brought under the Nebraska HospitalMedical Liability Act, the total amount recoverable is $1,250,000. This act governs claims against providers who qualify to participate in the state`s excess liability fund. To qualify, a provider establishes financial responsibility by purchasing professional liability insurance in a specified amount. The liability of a qualified provider is limited to $200,000 per patient and the excess liability fund pays the damages in excess of $200,000 for each defendant up to the amount of the cap.
Liability of political subdivisions is limited to $1,000,000 per claimant per occurrence and $5,000,000 for all claims arising out of a single occurrence.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical malpractice attorney to discuss your specific legal situation.