Medical Malpractice Statute of Limitations in Nebraska
Last verified 2026-07 · Source: Neb. Rev. Stat. § 44-2828 ✓ verified · 3 sources
The deadline
2 years
from the date of the alleged negligent act or omission, or the date the cause of action was discovered or through reasonable diligence should have been discovered, under Neb. Rev. Stat. § 44-2828.
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The deadline to file a medical malpractice claim in Nebraska is 2 years, set by Neb. Rev. Stat. § 44-2828. It starts running on the date of the alleged negligent act or omission, or the date the cause of action was discovered or through reasonable diligence should have been discovered. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Nebraska Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | Neb. Rev. Stat. § 44-2828 |
| Car Accident | 4 yrs | Neb. Rev. Stat. § 25-207(3) |
| Credit Card Debt | 4 yrs | Neb. Rev. Stat. § 25-206 |
| Wrongful Death | 2 yrs | Neb. Rev. Stat. § 30-810 |
| Personal Injury | 4 yrs | Neb. Rev. Stat. § 25-207 |
| Dog Bite | 4 yrs | Neb. Rev. Stat. § 25-207 |
| Slip and Fall | 4 yrs | Neb. Rev. Stat. § 25-207 |
| Defamation | 1 yr | Neb. Rev. Stat. § 25-208 |
| Breach of Contract | 5 yrs | Neb. Rev. Stat. § 25-205 |
| Medical Debt | 5 yrs | Neb. Rev. Stat. § 25-205 |
When the Clock Starts
In Nebraska, the limitations period for medical malpractice claims generally begins on the date of the alleged negligent act or omission, or the date the cause of action was discovered or through reasonable diligence should have been discovered. Nebraska recognizes a discovery rule for this claim type: If the cause of action could not reasonably be discovered within the 2-year period, suit may be filed within 1 year of discovery, but in no event more than 10 years after the date the professional service was rendered (statute of repose).
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: For a county/city (political-subdivision) hospital, a written claim must be filed within 1 year under the Political Subdivisions Tort Claims Act, Neb. Rev. Stat. § 13-919; suits against state-run hospitals proceed under the State Tort Claims Act (2-year limit).
- Damage caps: Total (all-damages, not just noneconomic) cap under the Nebraska Hospital-Medical Liability Act, Neb. Rev. Stat. § 44-2825 — currently $2,250,000 for occurrences on or after Jan. 1, 2023, with the qualified provider liable for the first $500,000 and the Excess Liability Fund covering the balance.
The Hospital-Medical Liability Act provides an optional pre-suit medical review panel (waivable by the plaintiff); qualified providers cap their exposure and the state Excess Liability Fund pays amounts above the provider's limit.
Source: Neb. Rev. Stat. § 44-2828, official Nebraska statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Nebraska government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Nebraska Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Nebraska | 2 years | Neb. Rev. Stat. § 44-2828 |
| South Dakota | 2 yrs | SDCL § 15-2-14.1 |
| Iowa | 2 yrs | Iowa Code § 614.1(9) |
| Missouri | 2 yrs | RSMo § 516.105 |
| Kansas | 2 yrs | K.S.A. 60-513(a)(7), (c) |
| Colorado | 2 yrs | C.R.S. § 13-80-102.5 |
| Wyoming | 2 yrs | Wyo. Stat. § 1-3-107 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Nebraska?
You have 2 years from the date of the alleged negligent act or omission, or the date the cause of action was discovered or through reasonable diligence should have been discovered, under Neb. Rev. Stat. § 44-2828.
Can I still sue after 2 years in Nebraska?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in Nebraska?
Yes. If the cause of action could not reasonably be discovered within the 2-year period, suit may be filed within 1 year of discovery, but in no event more than 10 years after the date the professional service was rendered (statute of repose).
What if the victim was a minor?
Nebraska generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
For a county/city (political-subdivision) hospital, a written claim must be filed within 1 year under the Political Subdivisions Tort Claims Act, Neb. Rev. Stat. § 13-919; suits against state-run hospitals proceed under the State Tort Claims Act (2-year limit).
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Sources
- Official Neb. Rev. Stat. § 44-2828 (Nebraska Legislature)
- Corroborating Nebraska Revised Statutes § 44-2828 (Justia)
- Corroborating Nebraska Medical Malpractice Laws (Nolo)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Nebraska attorney.