Nebraska Statutes 44-2834. Cause of action; attorney’s fees; court costs; loss of earnings; when payable
(1) In all cases against a health care provider for malpractice or professional negligence, upon motion of either party the court shall review the attorney‘s fees incurred by that party and allow such compensation as the court shall deem reasonable.
Terms Used In Nebraska Statutes 44-2834
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Health care: shall mean any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's care, treatment, or confinement. See Nebraska Statutes 44-2811
- Malpractice or professional negligence: shall mean that, in rendering professional services, a health care provider has failed to use the ordinary and reasonable care, skill, and knowledge ordinarily possessed and used under like circumstances by members of his profession engaged in a similar practice in his or in similar localities. See Nebraska Statutes 44-2810
- Patient: shall mean a natural person who receives or should have received health care from a licensed health care provider under a contract, express or implied. See Nebraska Statutes 44-2805
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) In all cases against health care providers for malpractice or professional negligence, the court may, upon application by the prevailing party, in its discretion and in an amount determined in its discretion tax as costs payable to the prevailing party the reasonable costs of preparation and trial including reasonable attorney’s fees and the reasonable loss of earnings by the prevailing party occasioned by the trial if the court finds that the losing party did not have a reasonable chance of recovery or a reasonable chance of a successful defense.
(3) A patient shall have the right to agree with his attorney to pay for the attorney’s services on a mutually satisfactory per diem basis. Such election shall be exercised in written form at the time of employment or by written agreement thereafter entered into with his attorney.