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Retaliation Following a Complaint: Nebraska Medical Malpractice

This legal question related to medical malpractice attorneys in Nebraska has been answered.


I submitted a complaint through the "feedback" page on a health clinic website because an employee of the clinic was unprofessional (very rude ) during a phone conversation. A month later I called to schedule an appointment at the clinic and I was told my family and I were no longer patients at the clinic. Do I have any legal rights with a private practice ? In an employee employer relationship this would be a whistleblower situation. 

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Legal Solution

The response provided below is specific to medical malpractice attorneys in the jurisdiction of Nebraska. If the response is inadequate, please submit a detailed inquiry.

Retaliation Following a Complaint: Nebraska Medical Malpractice Context

Upon submitting a complaint about an employee's unprofessional behavior at a health clinic, you find your family no longer registered as patients. Your concern seems to revolve around whether such an action taken by the clinic constitutes any form of legal violation in Nebraska.

Relevant Statutes and Resources

  • Nebraska Revised Statutes §44-2819 - This pertains to disciplinary proceedings against licensees for unethical and unprofessional conduct.
  • Nebraska Medical Malpractice Act - Outlines the responsibilities and expectations of medical practitioners in Nebraska.
  • Nebraska Department of Health and Human Services - The primary regulatory authority overseeing health clinics and medical malpractice issues.

Potential Solutions and Actions

  1. Consultation with a Medical Malpractice Attorney: Given the specific nature of your concern, it would be beneficial to consult with a medical malpractice lawyer who is well-versed in Nebraska's laws.
  2. Lodge a Formal Complaint: If you believe the clinic's actions were retaliatory, consider lodging a formal complaint with the Nebraska Department of Health and Human Services.
  3. Explore Alternative Clinics: While addressing the current issue, consider looking for alternative health clinics to ensure your family's health needs are met.
  4. Document Everything: Ensure you have a record of all correspondence and interactions with the clinic. This can be valuable evidence if any legal action becomes necessary.

Cost Implications for Legal Assistance in Nebraska

Service Average Cost ($) Description
Initial Consultation 250 - 350 Typically an hour-long session to discuss the case
Legal Representation 2,000 - 4,500 Costs associated with taking on a lawyer for representation in a case
Court Fees and Associated Costs 500 - 1,500 Varies depending on the depth and length of the proceedings

Please note: Prices vary based on the complexity of the case and the expertise of the lawyer. Additionally, medical malpractice cases can sometimes be taken on a contingency fee basis.

Clarification and Next Steps

To provide more specific advice, it would be beneficial to understand the exact nature of your complaint and the clinic's stated reasons for your removal. Were there any other factors at play that may have influenced their decision?

Consider reaching out to professional attorneys to compare lawyers in your area and find the right lawyer tailored to your needs.

Key Questions to Address:

  1. What were the exact words or phrases used by the clinic when informing you of the decision to remove you and your family as patients?
    • This will help determine if there was a valid reason for their decision.
  2. Do you have any written documentation or correspondence from the clinic relating to this matter?
    • Legal proceedings often rely heavily on tangible evidence.
  3. Were there any witnesses or other parties involved in the phone conversation where the employee was rude?
    • Having a third-party account can lend credibility to your claims.

Frequently Asked Questions in Nebraska Medical Malpractice Context

1. What constitutes medical malpractice in Nebraska?

Medical malpractice typically involves a health care provider's negligence leading to a patient's injury or harm. It requires proving that the care provided was below the accepted standard.

2. How long do I have to file a medical malpractice lawsuit in Nebraska?

Nebraska law generally requires a medical malpractice lawsuit to be filed within two years of the date when the malpractice occurred.

3. Can I sue a clinic or only individual practitioners?

In Nebraska, both individual practitioners and the clinics or hospitals they work for can be held liable in a malpractice case.

4. Are there damage caps on medical malpractice lawsuits in Nebraska?

Yes, Nebraska has damage caps for medical malpractice cases, which limits the amount of compensation a patient can receive for non-economic damages.

5. How can I find a reputable medical malpractice attorney?

You can compare lawyers in your area, specifically focusing on medical malpractice lawyers to find one that fits your needs.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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