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Nebraska Medical Malpractice Insurance

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Cunningham Group is here for Nebraska Physicians & Medical Professionals

We are Medical Malpractice Insurance Specialists helping physicians, medical professionals and medical groups across specialties get medical malpractice coverage at cost-effective rates – as well as providing valuable tools and resources.

Founded in 1947, our experienced liability specialists will customize a policy to the specific needs of you and your practice.
Get all the physician discounts you are entitled to, including: Risk Management, Claims-free and New to Practice.
We ensure you receive Prior Acts, so you avoid purchasing separate tail malpractice coverage.
We publish historic rate data for every county in the State, in partnership with the Medical Liability Monitor – the nation’s leading independent source of Medical Liability Insurance and healthcare industry news.
Access to ALL MD, our network of Connecticut healthcare defense lawyers. Free Practice Tools, including Online Patient Satisfaction Survey System and Risk Management tools.
Experience excellent customer service with our dedicated account team.

Cunningham Group Has You Covered

On average, Cunningham Group saves Physicians and Medical Professionals 20% on their medical malpractice insurance.

2021 Nebraska Malpractice Insurance Marketplace Guide

Nebraska Med-Mal Fast Facts

  • Most Common Limits of Liability: $1 million/$3 million
  • Major Malpractice Insurers:
    • MMIC Insurance Inc.
    • COPIC Insurance Co.
    • Preferred Professional Ins. Co.
    • ProAssurance Casualty Co.
    • American Casualty Co. of Reading PA

Cost of Medical Malpractice Insurance: Low

    Pending State Legislation in 2021 that could affect your rates?: No

The Nebraska Malpractice Landscape

Nebraska has one of the best malpractice landscapes for physicians. Rates are among the lowest in the nation. Nebraska’s enviable medical liability climate can be traced back to the Hospital-Medical Liability Act of 1976, which was crafted in response to the medical malpractice insurance crisis of the early-to-mid-1970s. Prior to the passage of the Act, Nebraska physicians were facing insurance premiums that were escalating at a double-digit pace, with many choosing to leave the state or retire in response.

Tort Reform in Nebraska

The Hospital-Medical Liability Act instituted many reforms, including limits on the total amount a plaintiff can recover and the total amount for which a qualified healthcare provider can be held liable. It also created the state’s Excess Liability Fund, a state-run mechanism that allows Nebraska healthcare providers to pool their malpractice liability risk in order to better withstand large judgments. The Act also instituted medical review panels to examine claims and determine their merit, but plaintiffs are allowed to waive this review and file directly in court.

Under the Hospital-Medical Liability Act, physicians must carry medical liability insurance that gives them coverage for limits of $500,000/$1million. They are also eligible for liability coverage under Nebraska’s Excess Liability Fund. The liability of a participating physician is limited to the extent of the physician’s basic insurance coverage ($500,000/$1 million), with the Fund covering the excess judgment up to $1.75 million, and recoverable damages for patients are likewise limited to $1.75 million. Patients and providers can opt out of the Act by writing to the state insurance director; otherwise, they are governed by its rules. If the patient has opted out or the physician does not qualify under the Act, then there is no limit of liability.

Nebraska is one of only seven states with a liability funding mechanism run by the state government to provide medical malpractice coverage in excess of the primary insurance requirements of its healthcare providers. Managed by the state’s insurance director, the Excess Liability Fund is financed by an annual surcharge that may not exceed 50 percent of the physician’s basic malpractice insurance premium. An additional special surcharge may be levied if the Fund is inadequately funded to pay in full all claims.

Nebraska’s cap on total damages survived a federal court challenge last year when the United States Supreme Court declined to hear the case of a Nebraska mother of a brain-damaged infant to overturn an Eighth Circuit decision upholding the reduction of her $17 million jury verdict to $1.75 million per the state’s cap on total damages in medical professional liability cases, a move she argued was unconstitutional.

Does Nebraska have…

  • Damage Caps? Yes, total damages are limited to $1.75 million. Qualifying healthcare providers cannot be liable for more than $500,000 in total damages, with any excess being paid from the state’s Patient Compensation Fund.
  • Patient Compensation Fund? Yes, see above.
  • Apology Law? Yes, statements, affirmations, gestures or conduct expressing apology, sympathy, commiseration, condolence, compassion or a general sense of benevolence can be made to the alleged victim, or a relative or representative of the alleged victim in relation to discomfort, pain, suffering, injury or death of the alleged victim, resulting from the unanticipated outcome of medical care.
  • Collateral Source Reform? Yes, in a separate hearing, the court determines the amount of credit against a claimant’s damages, based on any non-refundable insurance benefits received by the claimant.
  • Periodic Payments? No
  • Joint Liability Reform? No
  • Limits on Plaintiff Attorney’s Fees? No, but either party can request that the court review and determine whether fees are reasonable.

Medical Malpractice Rates in Nebraska


Medical malpractice rates in Nebraska are low, and have held steady in recent years. As in other states with Patient Compensation Funds, Nebraska physicians will pay both their own premiums and a surcharge to support the state’s PCF. To participate in the fund, physicians and healthcare providers must submit proof of financial responsibility in the form of an underlying professional liability policy with specified coverage limits, as well as paying the surcharge to the Fund.

Get Historic Rates

By combining our efforts with those of the Medical Liability Monitor – the nation’s leading independent source of Medical Liability Insurance news, as well as the political, legal and risk management issues that affect the healthcare industry – we’ve published historic rate data for every county in the Cornhusker State. You can view all the rates by completing the three simple steps on the left of this page. You’ll find the insights offered by this information invaluable when making your decision on your medical malpractice insurance coverage and carriers. This is only one of the many reasons that Cunningham Group Insurance has become the preferred online source for Nebraska physicians, healthcare professionals and medical groups looking to find the best coverage and lower their medical malpractice insurance rates.

Coverage by Nebraska County

Rates are constant across Nebraska’s 93 counties. Whether a physician is practicing in Douglas County, which includes Omaha, in Lancaster County, where Lincoln is located, or in tiny Arthur County (population 458), their insurance premiums will be the same.

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