Nebraska medical malpractice cap upheld
The Nebraska Supreme Court upheld the $1.25 million cap on medical malpractice damages, ruling it is constitutional. A lower court had challenged the Nebraska medical malpractice cap violates the constitutional guarantee of equal treatment for all people within a particular class, which the high court disagreed with in the end.
The Nebraska medical malpractice cap enforcement came after a couple sued an obstetrician and medical group after a brain injury disabled one of the couple’s twins. The high-risk pregnancy required a closer monitoring, according to the couple and the jury agreed, awarding them $5.625 million. Due to the Nebraska medical malpractice cap, the award was limited to $1.25 million.
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