Omaha Medical Malpractice Attorneys

Are You In Need of a Trusted Omaha Medical Malpractice Lawyer?

When we turn to medical professionals for care, we expect our well-being to be their top priority. Unfortunately, mistakes happen—some with devastating consequences.

At Bottlinger Law L.L.C., we know how confusing and overwhelming these situations can be. Medical malpractice cases are complex. They often involve serious injuries, long-term care needs, and emotional distress—not to mention a legal system that can be difficult to navigate alone.

If you or someone you love has suffered harm due to a healthcare provider’s negligence, misdiagnosis, or surgical error, you may have the right to pursue compensation through a medical malpractice claim.

Our Omaha-based legal team is here to guide you through every step of the process with compassion, clarity, and dedication. If you believe something went wrong during your treatment, we’ll help you uncover the truth and protect your rights.

Why Choose Us Over Other Omaha Medical Malpractice Attorneys?

• Attorney Jason Bottlinger has been practicing since 2006 and is licensed in Nebraska, Iowa, and Texas
• Recognized by Expertise.com as one of the Best Medical Malpractice Attorneys in Omaha in 2024
• Named a Top 100 Lawyer by The National Trial Lawyers
• Member of the Million and Multi-Million Dollar Advocates Forum, honoring attorneys with high-value verdicts and settlements
• A+ rating from the Better Business Bureau, demonstrating a reputation for integrity and client care
• Client-focused service, with personalized guidance and clear communication every step of the way

If an Omaha Medical Provider’s Negligence Injured You, We’re Here to Help

Potential Compensation for Victims

If you’ve been harmed due to medical negligence, you may be entitled to financial compensation for both economic and non-economic damages. Every case is unique, but typical areas of recovery include:

Economic Damages

• Medical bills: Emergency room visits, hospitalization, surgery, medication, and follow-up care
• Future medical expenses: Rehabilitation, therapy, nursing care, and specialized treatment
• Lost wages: Income lost during recovery
• Loss of future earning capacity: If you are no longer able to work in your previous capacity

Non-Economic Damages

• Pain and suffering: Physical pain, emotional distress, and trauma
• Loss of enjoyment of life: Inability to participate in hobbies or daily activities
• Disfigurement or disability: Especially in cases involving surgical errors or delayed diagnosis

Wrongful Death

In the tragic event of wrongful death, surviving family members may be entitled to compensation for:

• Funeral and burial expenses
• Loss of companionship or consortium
• Loss of financial support

At Bottlinger Law L.L.C., we work with economic and medical experts to accurately value your losses and seek full, fair compensation for everything you’ve endured.

What Is Medical Malpractice?

Medical malpractice occurs when a licensed medical professional causes harm to a patient due to a negligent act or lack of required action. Another competent professional in the same situation wouldn’t have taken the same action.

Negligence can occur during diagnosis, treatment, or aftercare. Here are some examples of medical malpractice that may be grounds for a lawsuit:

• Failure to diagnose
• Labor and delivery errors
• Surgical error
• Wrong medication or dosage
• Poor follow-up care
• Misdiagnosis
• Unnecessary surgery
• Failure to order tests

People who may be liable for medical malpractice are often doctors, physician assistants, nurses, nurse practitioners, anesthesiologists, and more. Sometimes, a hospital can be held responsible for bad decisions or administrative errors that harm patients, such as a patient mix-up.

Medical malpractice may result in paralysis, brain injury, loss of a limb, or even death. Injuries sustained due to malpractice often need a lifetime of medical care.

When you are already facing expensive medical bills and physical pain because of medical negligence, the last thing you want to worry about is dealing with an aggressive hospital insurance company that will do everything it can to fight your claim.

If you or a loved one experience medical negligence or pediatric medical malpractice, having an Omaha medical malpractice lawyer to stand up for your rights is absolutely essential. Medical insurance companies are powerful and well-organized. You need an experienced attorney on your side who can read medical records, talk to doctors, and level the playing field.

What Is Prescription Malpractice?

While most victims of medical malpractice will point to surgical errors, misdiagnoses, or birth injuries, prescriptions can also result in damaging, long-lasting medical conditions. Prescription medications are meant to be strictly regulated by the United States Food and Drug Administration (FDA) and should only be given out to patients if they fit specific criteria. When a doctor knowingly prescribes a medication that is not related to a patient’s condition and the medication leads to a serious injury, such as overdoses, allergic reactions, heart attacks, or strokes, they can be held liable for prescription malpractice.

Some medications may not even result in obvious injuries, such as in cases of opioid malpractice. Doctors may initially prescribe Vicodin or similar medications to patients after a catastrophic injury or accident that results in chronic pain. While these medications are only supposed to be used to help with pain management, they are often overprescribed for unnecessary conditions, which can lead to addiction or overdoses.

Nursing home residents, specifically those dealing with dementia, are also at risk for medication abuse. Because of their medical conditions, it may be difficult for staff to handle them and they may have patients take anti-psychotics to make them more docile. This is a major issue in long-term care facilities and constitutes nursing home abuse. Federal regulations from the Centers for Medicare and Medicaid Services (CMS) have outlined strict guidelines for when anti-psychotics can be used, but nursing home facilities still utilize this medication in harmful ways to control patients.

In addition, pharmacists are also an important factor in these cases. If they misread a prescription or improperly fill a bottle of medicine with the wrong dosage or formula, patients could unwittingly ingest a dangerous chemical that can lead to injuries or death. Pharmacy errors can include incorrect medication, dosages that are too strong or too weak, allergic reactions, or conflicting medication.

Pharmacists should always double-check prescriptions for strong medication and confirm that patients fully understand the risks associated with it. When they fail to do this, they become liable for any injuries or deaths that occur because of this negligence.

Don’t Wait! Nebraska Statute of Limitations for Medical Malpractice

Nebraska law places strict deadlines on when you can file a medical malpractice claim. This legal time limit is called the statute of limitations, and in most medical malpractice cases, you must file your lawsuit within two years from the date the malpractice occurred (Neb. Rev. Stat. § 44-2828).

There are important exceptions:

• If the injury is not immediately discovered, you may have one year from the date the injury is discovered or reasonably should have been discovered but no more than 10 years from the date of the act itself.
• Minors injured by malpractice may have longer, depending on age and the nature of the harm.
• If the claim involves wrongful death, you generally have two years from the date of death to file.

Don’t delay. Medical malpractice cases require time to gather medical records, consult with experts, and evaluate legal strategies. The sooner you contact our law firm, the sooner we can begin protecting your rights.

What To Do If You Suspect Medical Malpractice

If you believe that a doctor, nurse, or hospital made a mistake that caused you harm, taking the right steps early can help protect your health and legal claim.

Get a Second Opinion

Seek care from a different provider to assess your current condition and ensure you’re receiving the right treatment.

Request Your Medical Records

Your records will be key evidence in any malpractice investigation. You have the legal right to request copies of your chart, tests, surgical notes, and prescriptions.

Document Everything

Keep a journal of your symptoms, appointments, treatments, and how your injury has impacted your life.

Avoid Confrontation

Do not accuse your provider or attempt to resolve the issue without legal counsel. Anything you say could be used against you later.

Contact an Experienced Omaha Medical Malpractice Lawyer

Medical malpractice is one of the most complex areas of personal injury law. You need a legal team with experience, patience, and the resources to go up against hospitals, insurers, and defense attorneys.

At Bottlinger Law L.L.C., we offer compassionate, intelligent guidance and strong advocacy. We’ll evaluate your case and help you understand your options.

How to File a Medical Malpractice Claim

Not every injury sustained in a hospital can be considered medical malpractice, and not every instance of medical malpractice is worth pursuing. For example, a breach in the standard of care is bad, but if it doesn’t result in an injury, there is no case. Likewise, not all injuries or illnesses are caused by a physician’s negligence.

For a medical malpractice claim to be viable, these three characteristics must be present:

• There was a standard of care violation: There are recognized standards of assessment and treatment in the medical field. In similar circumstances, the type of care provided by a competent healthcare professional should be the same. If a doctor breaches that standard of care, it is likely negligence.
• The patient’s injury was caused by negligence: Negligence on its own is not enough for a medical malpractice claim. The patient must have suffered a physical or mental injury due to the negligence. For example, a wrong diagnosis of cancer can cause anguish to an entire family and lead the family to make costly decisions based on the error.
• The injury caused damages: The patient must have incurred monetary costs because of the injury. A significant injury may cause disability, loss of income, pain and suffering, and high medical bills to treat.

Medical malpractice lawsuits are not easy and can be quite expensive since they require testimony from medical experts. But Bottlinger Law L.L.C. understands the intricacies of medical malpractice claims and works with a team of professionals to prove your case, whether you suffered from anesthesia complications, birth injuries, or other serious injuries. From examining medical records to battling with insurance companies, we have the experience to help you through this process and make sure you receive fair compensation for the pain you have endured. Call an Omaha medical malpractice attorney at (402) 505-8234 to discuss your case in a free consultation.

Case Results

$1.2 Million Settlement - Medical Malpractice

Frequently Asked Questions About Medical Malpractice Cases

What is considered medical malpractice in Nebraska?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to a patient. This includes errors in diagnosis, treatment, medication, or aftercare.

Can I sue for a misdiagnosis in Nebraska?

Yes. If a doctor’s misdiagnosis caused a delay in treatment or led to incorrect treatment that worsened your condition, you may have a malpractice claim.

How long will a malpractice case take?

Medical malpractice cases in Omaha often take 12 to 24 months to resolve. The timeline depends on the complexity of the injury, the court’s schedule, and whether the case settles or goes to trial.

Can I afford a medical malpractice attorney?

Yes. We work on a contingency fee basis, which means you pay nothing unless we win compensation for you.

What if the hospital is at fault?

Hospitals can be liable for the actions of their employees or for systemic failures (e.g., understaffing, improper protocols).

Additional Information

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• Medical Malpractice - Merck Manual