Medical Malpractice
omaha nebraska
medical malpractice attorneys
When Your Doctor or Hospital Causes Harm, You Need a Team That Understands Medicine and the Law.
Medical malpractice cases are among the most difficult and technical cases in the civil justice system. They require rigorous understanding of medical standards of care, expert medical testimony, and a command of Nebraska's complex medical malpractice statutes — including the Nebraska Hospital-Medical Liability Act and the pre-suit medical review panel process that governs many claims.
Rensch & Rensch Law brings something most Nebraska firms don't: Mitchell Kohl, MD, JD — a physician and a licensed attorney — reads records, spots deviations from the standard of care, and translates complex clinical evidence into arguments a jury can understand. For serious medical malpractice cases, a dual-trained attorney is a decisive advantage.
If you, a family member, or a loved one was injured by medical negligence in Omaha, Lincoln, Columbus, or anywhere in Nebraska, our Omaha medical malpractice lawyers can help you evaluate whether you have a case.
What Is Medical Malpractice Under Nebraska Law?
Medical malpractice occurs when a healthcare provider — a doctor, surgeon, nurse, hospital, clinic, or other medical professional — breaches the accepted standard of care for their specialty, and the breach causes injury. Four elements must be proven:
- Duty — the provider had a professional relationship with the patient
- Breach — the provider departed from the accepted standard of care
- Causation — the breach caused the injury (not merely the underlying illness)
- Damages — actual, compensable harm resulted
Causation is usually the hardest element. Many patients are already sick. Separating the injury caused by the malpractice from the injury caused by the underlying condition is where expert medical testimony — and a physician-lawyer's judgment — matters most.
Common Types of Medical Malpractice Cases
- Surgical errors — wrong-site surgery, retained surgical instruments, anesthesia mistakes, post-op infections from poor technique
- Misdiagnosis and delayed diagnosis — especially for cancer, stroke, heart attack, appendicitis, and sepsis, where delay dramatically changes outcomes
- Birth injuries — brain injuries from oxygen deprivation, mishandled shoulder dystocia, Pitocin overuse, failure to perform a timely C-section
- Medication errors — wrong drug, wrong dose, harmful interactions, pharmacy errors
- Emergency department failures — patients sent home with undiagnosed heart attacks, strokes, or internal bleeding
- Hospital-acquired infections — MRSA, C. difficile, surgical-site infections traceable to poor infection control
- Nursing home neglect and abuse — pressure ulcers, falls, malnutrition, medication errors in long-term care settings
- Failure to obtain informed consent — a procedure performed without disclosing the real risks
Nebraska's Medical Malpractice Rules You Need to Know
- Statute of limitations — generally 2 years from the date of the negligent act, with a discovery rule extending the period in some cases. The absolute outer limit is 10 years. Waiting costs cases.
- Damage cap — Nebraska caps total damages in qualified medical malpractice cases, subject to periodic adjustment. We can discuss how the cap may or may not apply to your case, including any constitutional challenges to it.
- Medical review panel — either party can request a pre-suit medical review panel. Participation affects strategy and timing and should be evaluated case-by-case.
- Qualified providers and the Excess Liability Fund — Nebraska's Excess Liability Fund kicks in above primary coverage for "qualified" providers. Whether a defendant is qualified changes the economics of the case.
What Sets Rensch & Rensch Apart
- Mitchell Kohl, MD, JD — a physician-lawyer reads every record
- Close working relationships with leading medical experts across specialties — we know who can testify credibly
- Over 100 jury trials across the firm — we prepare every case as if it's going to trial, which is how you get the best settlement
- Contingency fee — no attorney fees unless we win; the firm fronts the (often substantial) case costs
- Free initial consultation — with hospital or home visits if travel is difficult
Protect Your Rights
Call Rensch & Rensch Law at 402.498.4400
Compensation in medical malpractice cases may include past and future medical expenses, lost income and earning capacity, pain and suffering, loss of consortium, and — in wrongful death cases — loss of financial support and companionship for the family.
Contact Rensch & Rensch Law
Time limits for medical malpractice cases are strict. Call 402.498.4400 or submit the form below as soon as possible so we can evaluate your claim while the statute of limitations still permits.
Frequently Asked Questions — Omaha Medical Malpractice Claims
How much does it cost to hire Rensch & Rensch Law?
There is no up-front cost. We handle personal injury cases on a contingency-fee basis — you owe no attorney fees unless we recover compensation for you. Your initial consultation is always free, whether by phone, video, or in person at our Omaha or Columbus offices.
Can I still recover if I was partly at fault for the accident?
Yes, often. Nebraska follows a modified comparative-fault rule: you can recover damages as long as your share of the fault is less than 50%, but your award is reduced by your percentage of responsibility. An experienced Omaha personal injury lawyer can help reduce disputed fault arguments from the other side.
Do I have to go to court if I file a personal injury claim?
Most personal injury claims in Nebraska settle before trial — the insurer weighs the cost of litigation against a fair settlement. If the insurer refuses to negotiate in good faith, Rensch & Rensch Law is prepared to file suit. Our attorneys have participated in more than 100 jury trials, so insurers know our cases are trial-ready.
How do I prove medical malpractice in Nebraska?
A Nebraska medical malpractice plaintiff generally must prove the standard of care applicable to the provider, a breach of that standard, causation, and damages — almost always with support from a qualified medical expert. We work with practicing physicians in the relevant specialty to evaluate the case before filing, not after.
What is the filing deadline for a Nebraska medical malpractice claim?
Nebraska's general statute of limitations for medical malpractice is two years from the act or omission, with a ten-year statute of repose from the date of the act regardless of when the injury was discovered. A "discovery rule" extension applies in narrow circumstances. These deadlines are short — contact us as soon as possible.
Is there a cap on medical malpractice damages in Nebraska?
Yes. Nebraska's Hospital-Medical Liability Act caps total damages recoverable against qualified providers. The cap is periodically adjusted by statute — as of the most recent update, it is in the low millions per occurrence. We structure every claim with the cap in mind and identify non-capped defendants (non-qualified providers, product manufacturers) where possible.
What clients say
60+ 5-star Google reviews
Worked with Chase primarily on my case but had Nate helping out too. Very kind people and very patient, don’t be afraid to ask them questions… i asked a million and more and always got a good response.
I worked with Chase for a car accident. He got me a really good amount for my settlement. He walked me through everything step-by-step. Definitely recommend Chase and his team for any Accidents :)
I've dealt with numerous lawyers in my life. I have referred people to lawyers I thought would do a good job. It seems like every time my friends/colleagues would report back that they had a negative experience. I started to wonder if I am just a bad judge of character, especially with regards to lawyers. That was until I met Sean and Dick Rensch. Personal injury law is way more complicated than I ever thought. These guys are pros and I feel lucky to have found them. Thanks for the chance to leave this review.
My mom was hit by a car and we were overwhelmed. Sean Rensch put us at ease immediately. He handled all medical bills, insurance, and secured a fair settlement so we could focus on her recovery. Professional, compassionate, and highly effective. Highly recommend Sean Rensch of Rensch and Rensch. Thank you, Sean!
I would highly recommend Chase Murphy if you have been in an accident. He is very kind and caring and will get you the best result from the insurance carriers involved.
So glad to give this review. I’ve been around lawyers my entire career videotaping depositions in Nebraska. When I got into a car crash recently, I did not hesitate to contact Rensch & Rensch Law. I’ve seen Dick and Sean in trial and in many depositions. This is the best injury firm in Nebraska. My case ended up being handled primarily by Rensch & Rensch attorney, Mitch Kohl (who I learned is a doctor and a lawyer!!!). Dr. Kohl did an excellent job for me. Clearly he fits in well with Sean and Dick. I need to thank them all, including paralegal Carley Adams. I’m so happy with how this case turned out. Thanks. John MacKnight
Sean Rensch, Nate and his team were so helpful, professional, always answered my phone calls or texts and always calmed me down when I was getting frustrated with how Workman's Comp was treating me. Sean and Nate told me from the beginning that it would be a LONG Process and it was, But they made it go smoothly and kept reassuring me that everything was going as they planned. It is in the pasted now, we Won my case and now I feel that I have made Life long Friends with Sean and Nate.
I was very pleased with the experience of working with Chase and Nate on my case, they were thorough, caring, and did everything they could to get the best outcome. I am very happy with how everything turned out! If you want to work with a lawyer who is truly caring about YOU and not just doing a job, please go see them. ALL of them at Rensch and Rensch are amazing and you won’t be disappointed!
I can’t thank this legal team enough for their incredible support. They communicated with me clearly and consistently throughout the entire process, making a difficult situation much easier to navigate. Chase and Nate truly went above and beyond checking in on how I was doing after the incident and even celebrating the small wins along the way. They were professional and compassionate. I’m so thankful for their help and highly recommend this team to anyone in need of legal representation.
I am so thankful to have found this law office on the internet! I had a few car accidents and even though this was a horrible experience to be in, Sean made this process and painless as possible. Thank you for all your help and support I will forever be thankful!
These guys were the upmost professional when I hired them. Were 100 percent of the time. Answered questions if I had them let me know how things were going. Gave me advice. Told me things might take long. It did and they were always there. I would hire them agian in a heartbeat.
I lost count on how many times I’ve recommended this team to people. They really know how to treat you like family; I don’t think any other firm would fight tooth and nail for my wife and I quite like Chase did. Eternally grateful for Rensch & Rensch Law.
I was injured in a car accident. A close family friend referred me to Rensch & Rensch. I am grateful to have had such a knowledgeable and empathetic team on my side. Nate, Chase, and Sean really went above and beyond showing up for my case. They made sure I understood every step and decision. I could not recommend them more.
I would recommend R&R a million times over if I could. Chase was so kind and patient with us, and he showed my wife and I nothing but compassion. He treated us like people, not just a case number or a paycheck. If you’re looking for a lawyer who actually cares about what they’re doing and want nothing but the best for their clients, this is absolutely the place to go. Thank you for everything Chase.
Results That Matter
Every case is unique and past results do not guarantee future outcomes, but the firm’s track record shows what is possible when the facts support full recovery.
- $6 Million+ Complex Federal Court Claim Settlement during litigation of a complex personal injury claim in United States District Court.
- $3.5 Million Wrongful Death Confidential settlement for a newly-married widow in a difficult wrongful-death case — a national-company defendant with extensive defense resources.
- $3.18 Million Complex Negligence Settlement of a complex negligence claim just before trial.
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