17 May, 2024

NEBRASKA SUPREME COURT STENGTHENS LIEN CLAIMS

2024-05-17T10:18:18-05:00May 17th, 2024|Construction Contractor Advisor, News|

In an opinion issued this March, the Nebraska Supreme Court strengthened contractors’ rights to file liens to protect their interests in property upon which they performed work. The case was Nore Electric v. S&H Holdings, 316 Neb. 197 (2024). In that case, the Court held that an owner could not transfer its ownership interest free of contractors’ lien interests during a period following a notice of termination. Under Nebraska law, [...]

7 May, 2024

Hope for the Best, Prepare for the Worst: Insurance Policies for Addressing Risks on Construction Projects

2024-05-07T11:29:47-05:00May 7th, 2024|Construction Contractor Advisor, Construction Contracts|

By: Callie A. Kanthack Construction projects involve significant risks to owners, designers, and contractors.  Many of these risks are allocated in the parties’ contracts.  Risks may also be allocated to insurance companies through policies. By providing coverage for losses, insurance companies protect against certain financial losses and may also indemnify and defend against any claims or lawsuits filed against you.  The most common policies for construction projects include worker’s compensation, [...]

19 Apr, 2024

Taking An Insurance “Award” at Face Value: When A Producer Stood His Ground

2024-04-19T14:42:03-05:00April 19th, 2024|Agriculture, Latest News, Midwest Agricultural Law|

Recently, we handled a denial of insurance claim on behalf of a Nebraska Producer who experienced abnormally low yields as a result of an unprecedented drought.  The Producer had a valid Federal Crop Insurance Policy and submitted a claim to his insurance company for the loss, using grain scale tickets, where the Producer noted which loads came from certain fields in accordance with the Loss Adjustment Manual (“LAM”), as evidence. [...]

5 Mar, 2024

Not So Guaranteed: Can Small Losses Render a Sizable Liquidated Damages Provision Unenforceable?

2024-03-05T13:35:01-06:00March 5th, 2024|Construction Contractor Advisor, Construction Contracts, Latest News|

A “Liquidated Damages” provision should be a key part of your playbook when entering a construction contract. These damages typically apply when a party misses a performance deadline. The value of damages is usually expressed in a certain amount of dollars per day. Liquidated Damages are intended to avoid the difficult task of figuring out the economic impact of delayed performance. In many cases, an accurate estimation is quite difficult [...]

14 Feb, 2024

Iowa Supreme Court Issued a Unanimous Opinion Indicating a Certificate of Merit Affidavit is Not Required for a Negligent Retention Claim

2024-02-14T10:18:49-06:00February 14th, 2024|Latest News, LDM MedMal Forum|

The Iowa Supreme Court recently issued a unanimous, but narrowly written, opinion involving Iowa Code section 147.140, commonly known as the certificate of merit affidavit statute, on February 9, 2024 named Jorgensen v. Smith et. al. The main issue on appeal was whether a plaintiff needs to provide a timely certificate of merit affidavit from a qualified expert to attest that an entity was negligent in retaining medical [...]

25 Jan, 2024

AI: Powerful Collaborators, but Not Managers

2024-01-25T11:34:59-06:00January 25th, 2024|Artificial Intelligence, Corporate Law, Latest News, Risk Management|

So warned IBM in 1979 in its internal training materials. 45 years later, artificial intelligence, at least in the news, cannot be escaped. From OpenAI’s ChatGPT large language model, to Midjourney’s text-to-image generator, the Internet abounds with tools that claim to be able to perform tasks that, until quite recently, required human creativity and spark. Is this something that we should fear? As the author is acutely aware, the creators [...]

24 Jan, 2024

Wages for Federal Construction Projects: New Requirements Under Davis-Bacon Act and Executive Order 14026

2024-01-24T14:09:46-06:00January 24th, 2024|Construction Contractor Advisor, Davis Bacon Act, Federal Construction Projects|

How much are you paying your employees?  Wages for federally-funded construction projects have increased under the Davis-Bacon and Related Acts and Executive Order 14026. The Davis-Bacon and Related Acts (“DBRA”) applies to contractors and subcontractors performing work on federally-funded or assisting with contracts in excess of $2,000.00 for the construction, alteration, or repair of public buildings or public works.  The DBRA requires federal contractors and their subcontractors to pay employees [...]

23 Jan, 2024

Joint Ventures: When Helping Out Can Create Legal Issues

2024-01-25T11:05:04-06:00January 23rd, 2024|Agriculture, Latest News, Midwest Agricultural Law|

In any ag community there is lot of cooperation and partnership between farming operations and the ag industries that service those operations.  Neighbors may loan equipment and labor to put in, maintain, or harvest a crop, while others do the same to care for livestock.  In some cases, an ag service may call in another provider to cover a client’s needs.  Generally, this cooperation and partnership works well and helps [...]

4 Jan, 2024

Corporate Transparency Act: What You Need to Know

2024-01-04T10:54:30-06:00January 4th, 2024|Corporate Formalities, Corporate Law, Latest News|

Congress passed the Corporate Transparency Act (CTA) to capture more information about the ownership of specific business entities operating in the United States. The CTA accomplishes this by requesting business entities that are deemed "reporting companies" to provide "beneficial ownership information" to the Financial Crimes Enforcement Network (FinCEN). Starting January 1, 2024, existing business entities that are required to report under the CTA have one year to make the initial [...]

2 Jan, 2024

Your Contract Terms Should Not Be “Standard”

2024-01-02T11:30:04-06:00January 2nd, 2024|Construction Contractor Advisor, Construction Contracts, Nebraska Construction|

Many clients come through our doors because a project has gone wrong due to obligations they unknowingly take on after signing “industry standard” contracts. Standard industry contracts make for good starting points, but careful contractors will want to move beyond, or at least study, the “typical” terms in a contract to maximize the opportunities for success on a project, including being paid for the work you complete. Form Contracts Favor [...]

8 Dec, 2023

Open Communication and Good Contracts Keep the Peace

2023-12-08T11:11:12-06:00December 8th, 2023|Construction Contractor Advisor, Construction Contracts|

It is a common occurrence for a home construction project to encounter delays, whether due to a change in project scope, weather conditions, delayed building materials, or a labor shortage. These delays can cause problems which can be avoided with a simple concept: open communication and clear provisions in a construction agreement. Oftentimes, an issue arises early in the building process that, if identified and communicated early, could have been [...]

23 Oct, 2023

Is a Contractor Entitled to Prejudgment Interest on Contracts in Nebraska?

2023-10-23T14:54:17-05:00October 23rd, 2023|Construction Contractor Advisor, Construction Contracts, Nebraska Construction Law|

In a recent ruling by the Nebraska Supreme Court, the answer was YES. Nebraska’s prejudgment interest statute provides that parties are entitled to twelve percent (12%) interest per annum on money due on any instrument in writing (such as a contract), unless the parties agree on another amount or to waive contractual interest. The statute provides that the account bears interest from the date of billing unless paid within thirty [...]

16 Oct, 2023

It’s Almost Time to Submit your EEO-1 Forms

2023-10-16T08:13:03-05:00October 16th, 2023|Construction Contractor Advisor, EEO-1|

October 31st is fast approaching. This is important, not because that’s Halloween, but because that is the day employers may file their EEO-1 Reports.  Employers completing the EEO-1 must submit and certify their workforce demographic data and must use their new Unique Entity Identification Number, not their old DUNS number.  Below is some information you need to know before filing. Who is a Covered Employer? Employers are required to file [...]

31 Jul, 2023

Preparing for OSHA’s Proposed Changes to PPE Rules

2023-07-31T08:10:50-05:00July 31st, 2023|Construction Contractor Advisor, OSHA, PPE|

Earlier this month, OSHA announced that it is seeking to revise the national Personal Protective Equipment (PPE) standard for the construction industry to make clear that PPE must fit each employee properly.  OSHA’s proposed revision to the standard would align the PPE standard for construction with that of general industry and maritime standards, which already require that PPE properly fit workers. OSHA’s Proposed Changes Unlike OSHA’s General Industry PPE standards, [...]

27 Jul, 2023

IT’S THE SIMPLE THINGS: Avoiding Default in a National Grain and Feed Assoc. Arbitration

2023-07-27T14:40:34-05:00July 27th, 2023|Agriculture, Latest News, Midwest Agricultural Law|

While waiting on an arbitration ruling from the National Grain and Feed Association (“NGFA”), I reviewed some of the NGFA's recent decisions.  I was surprised to see how many cases were not decided on the merits, but rather, a party’s failure to simply comply with the NGFA’s rules. Take for example Field Farms Marketing v. Prairie Wide Grain, Inc.   The NGFA issued judgment in favor of Field Farms and against [...]

18 Jul, 2023

Verifying Lost Wages and the Collateral Source Rule

2023-07-18T11:07:28-05:00July 18th, 2023|Latest News, LDM MedMal Forum|

Picture the following.  In response to a standard interrogatory that asks a plaintiff to list their alleged sources of damages, the plaintiff alleges their income was reduced to only 60% of their regular earnings while recovering from injury. At first glance, it might seem like you can calculate the extent of the plaintiff’s alleged damages with no additional information—40% of their regular earnings.  But to truly make this calculation, [...]

5 Jul, 2023

Amendments to Rule 702 Aim to Tighten Standards for Expert Testimony

2023-07-05T11:48:16-05:00July 5th, 2023|Latest News, LDM MedMal Forum|

In the thirty years since the Supreme Court decided Daubert v. Merrill Dow Pharmaceuticals, the use of scientific evidence in the courtroom has produced much confusion. Although the scientific literacy of the judiciary has advanced considerably, the proper application of Daubert principles to expert testimony remains inconsistent. Federal Rule of Evidence 702 establishes the criteria for the admissibility of expert testimony. The Rule, however, has not been amended since [...]

29 Jun, 2023

Supreme Court Significantly Expands Potential Nursing Home Liability

2023-06-29T12:28:21-05:00June 29th, 2023|Latest News, LDM MedMal Forum|

Earlier this month, the United States Supreme Court held residents of nursing homes that receive Medicaid funding can sue in federal court to enforce rights granted to them by the Federal Nursing Home Reform Act (“FNHRA”). This decision significantly expands potential nursing home liability. In Health and Hospital Corporation of Marion County v. Talevski, the family of a nursing home resident suspected the resident was being chemically restrained when [...]

22 Jun, 2023

Misdiagnosed Ankle Sprain Leads to Amputation

2023-06-28T10:52:58-05:00June 22nd, 2023|Latest News, LDM MedMal Forum|

  A jury just came back.  A fireman and his wife were awarded $7.6 million dollars in a medical malpractice lawsuit alleging a physician misdiagnosed a bacterial infection as an ankle sprain.  The fireman alleged the misdiagnosis resulted in an eventual amputation of the lower portion of his leg.  Until recently, there was a cap on non-economic damages in Florida.  However, recently, the Florida Supreme Court threw out that [...]

30 May, 2023

What to Do if You Believe Your Property Tax Valuation is Too High

2023-05-30T16:01:55-05:00May 30th, 2023|Corporate Law|

Beginning in June, the final valuation for properties in Nebraska will be released. After the final valuation are released, the window for protesting the valuation begins and ends July 1st. The valuation of property is important to taxpayers because it is the bases that is used to determine a taxpayer’s property tax liability. This blog post will discuss the timeline of property taxes and what to do if you [...]

18 May, 2023

Nebraska Supreme Court Clarifies Summary Judgment Procedure, Likely Relaxes Defendant Physicians’ Burden

2023-05-18T10:03:00-05:00May 18th, 2023|LDM MedMal Forum|

  In Clark v. Scheels All Sports, Inc., 314 Neb. 49 (2023), the Nebraska Supreme Court hinted a longstanding paradigm that governed summary judgment procedure in medical malpractice actions is likely no more. Before Clark, a defendant physician could prevail on summary judgment by preparing and submitting an affidavit that vouched for her or his care, after which the burden of proof shifted to the plaintiff to advance expert [...]

5 May, 2023

How Long Will It Last??

2023-05-19T10:50:19-05:00May 5th, 2023|LDM MedMal Forum|

  If you are a healthcare practitioner wondering if you will be sued someday, the numbers are in: According to a recent study, on average 7.4% of all physicians (regardless of specialty) had a medical malpractice claim annually. By age 45, 36% of physicians in low-risk specialties and 88% in high-risk categories had at least one such claim. By age 65 those numbers skyrocket: 75% of physicians in low-risk, [...]

1 May, 2023

Iowa Supreme Court to Clarify Certificate of Need Requirement

2023-05-05T12:45:38-05:00May 1st, 2023|Appealing Litigation, LDM MedMal Forum|

  Patients who sue their healthcare providers in Iowa are required to file a certificate of merit from a qualified expert who attests the provider breached the standard of care. An Iowa statute requires them to file this certificate within sixty days of the provider’s answer, but before the start of discovery, or the patient’s case must be dismissed. The certificate of merit requirement has caused much consternation for [...]

28 Apr, 2023

Nurse Practitioner Medical Malpractice: A Growing Concern for a Growing Industry

2023-04-28T14:43:38-05:00April 28th, 2023|LDM MedMal Forum|

  A nurse practitioner (“NP”) is a type of Advanced Practice Registered Nurse (“APRN”).  NPs are nurses with a graduate degree in advanced nursing.  NPs are trained to diagnose illnesses, perform physical assessments, and prescribe medication (depending on state regulations) related to primary care and specialty services.  This level of clinical judgment unfortunately opens the door for the medical malpractice lawsuits. The number of NPs in the U.S. has [...]

4 Apr, 2023

Selecting the Right Arbitrator for Your Case

2023-06-28T11:33:22-05:00April 4th, 2023|Arbitration, Construction Contractor Advisor, Construction Industry, Construction Law, Nebraska Construction Law|

Maybe you have negotiated with your counterpart to include an arbitration provision in your construction contract or picked up a form contract that selects arbitration as the method of dispute resolution. Regardless of the circumstances, when the time and need for arbitration comes, the big question remains, who will be the arbitrator(s) tasked with the fate of my case, my client, my company or my project?When it comes down to [...]

29 Mar, 2023

Iowa Supreme Court Resolves Ambiguity in the State’s Certificate of Merit Statute

2023-03-29T14:40:07-05:00March 29th, 2023|LDM MedMal Forum|

  Just under six years have passed since Iowa enacted its medical malpractice certificate of merit requirement, codified at Iowa Code § 147.140.  Iowa practitioners have paid close attention during these years as the Iowa Supreme Court and Iowa Court of Appeals have explored the requirement’s contours.  And just this month, the Iowa Supreme Court outlined another layer of considerations Iowa practitioners must keep in mind while litigating medical [...]

10 Mar, 2023

Winning Isn’t Everything . . . Unless You Can Collect: The Nebraska Supreme Court’s Recent Cautionary Holding

2023-05-03T08:52:00-05:00March 10th, 2023|Construction Contractor Advisor, Latest News, Nebraska Construction Law|

Unfortunately, winning a case does not guarantee that you will collect money.  The court is not responsible for collecting the judgment.  Rather, if the judgment debtor (losing party) does not voluntarily pay the judgment to the judgment creditor (winning party), the judgment creditor must take action to collect. For construction cases, the issue becomes more complicated and nuanced where a construction lien is filed on real property owned by a [...]

7 Mar, 2023

The Coverup Can Be Worse Than The Crime

2023-03-07T11:46:20-06:00March 7th, 2023|LDM MedMal Forum|

PLEASE! Don’t go back and change the health care records after a bad medical outcome. Jurors in Atlanta in late 2022 awarded a $75 million verdict against a pair of Georgia hospital physicians who did just that. The 32-year-old male patient was taken to the ER. It was alleged the physicians failed to diagnose a brain stem stroke for over a day causing catastrophic paralysis. The patient’s family alleged [...]

1 Mar, 2023

Iowa Limits Liability of Health Care Providers Fighting the COVID-19 Pandemic

2023-03-01T13:19:00-06:00March 1st, 2023|LDM MedMal Forum|

  The COVID-19 pandemic affected all Iowans, including those engaged in the practice of medicine. Individual practitioners bravely put themselves on the front line to combat a novel disease sweeping through Iowa. Hospitals treated more patients than they had before and worked around the clock to care for victims of the pandemic. Despite these efforts, legal experts predicted significant litigation would arise from missteps committed during the treatment of COVID-19 [...]

23 Feb, 2023

LDM Expands Construction Practice to Include Mediation of Construction Disputes

2023-02-23T11:53:16-06:00February 23rd, 2023|Construction Contractor Advisor, Construction Law, Latest News|

Lamson Dugan & Murray LLP is pleased to announce that Craig F. Martin will be expanding his construction practice to include mediation of construction disputes. Craig is certified in mediation by the Supreme Court of Nebraska, having completed both the Nebraska Mediation Association and Advanced Federal Practice Mediation Training programs. For more than 25 years, Craig has helped construction clients resolve all types of construction disputes. During that [...]

6 Feb, 2023

Governor Reynolds Calls for Hard Cap on Medical Malpractice Damages as Iowa Legislative Session Begins

2023-02-06T17:18:06-06:00February 6th, 2023|LDM MedMal Forum|

  Legislators, lobbyists, and laws – Oh my! Iowa’s 2023 Legislative Session kicked off on January 10, 2023, with Governor Kim Reynolds’ Condition of the State Address. This address marks Iowa’s ceremonial start to its legislative session each year. In her address, Governor Reynolds informed Iowans about her priorities for the coming year. One of Governor Reynolds’ stated priorities is enacting “common-sense tort reform to stop the out-of-control verdicts” that [...]

1 Feb, 2023

Proposed Legislation Affecting Nebraska Farmers

2023-02-02T10:22:04-06:00February 1st, 2023|Agriculture, Government Regulations, Legislation, Midwest Agricultural Law|

Nebraska State Capitol landscape at sunrise   Three bills were submitted to the Nebraska Legislature this month that work to protect Nebraska farmers. LB 662 proposes a change to the Nebraska Right to Farm Act. This Act makes it harder for neighbors to sue farmers over nuisances. This bill further limits who is permitted to file a nuisance action and recover damages. LB 394 determines damages for taking [...]

31 Jan, 2023

The Physician-Advanced Practice Provider Relationship

2023-01-30T13:53:53-06:00January 31st, 2023|LDM MedMal Forum|

Advanced practice providers, such as nurse practitioners and physician assistants, play a unique role in the care and treatment of patients. These providers see, treat, and consult with patients, many times expanding the level and types of care available to patients, especially in rural communities. Nebraska law encourages the use of advanced practice providers for efficiency and to expand care to areas where medical care may be limited. Nebraska law [...]

26 Jan, 2023

Be Mindful of Ethical Codes that Impact What Your Client or Witness Can Produce

2023-01-26T09:13:13-06:00January 26th, 2023|LDM MedMal Forum|

Cases that involve alleged brain injury often turn on expert battles over the results of sophisticated neuropsychological testing.  These tests—such as the Minnesota Multiphasic Personality Inventory, the Luria-Nebraska Neuropsychological battery, and the Weschler Adult Intelligence Scale—represent the culmination of decades of specialized research.  And these tests can often provide key insights into the examinees’ cognitive abilities. Like any test, these neuropsychological batteries can be gamed if the examinee has enough [...]

24 Jan, 2023

Recent Legislation Proposes Extreme Increases in Medical Malpractice Damages Caps

2023-01-24T09:04:49-06:00January 24th, 2023|LDM MedMal Forum|

Amid unprecedentedly high verdicts recently awarded in Nebraska and other Midwest states, two bills were introduced this month in the Nebraska Legislature to amend sections of the Nebraska Hospital-Medical Liability Act (“Act”).  Under this Act, damages against qualified healthcare providers for medical malpractice claims are capped at $2.25 million.  To be a qualified provider under the Act, healthcare providers must be insured in the amount of $500,000 for each occurrence [...]

16 Jan, 2023

A New Study Finds Significant Misdiagnoses in Emergency Rooms — But is it a False Alarm?

2023-01-16T09:57:08-06:00January 16th, 2023|LDM MedMal Forum|

A new report issued by the Agency for Healthcare Research and Quality (AHRQ), dated December 15, 2022, alleges: “About 5.7% of patients seen in the emergency department (“ED”) receive an incorrect diagnosis with about 2.0% experiencing an adverse event because of the incorrect diagnosis; some of these adverse events are serious (~0.3%). This translates to about 1 in 18 ED patients receiving an incorrect diagnosis, 1 in 50 suffering an [...]

16 Jan, 2023

How to Protect Yourself When the Job Site Isn’t What You Expected.

2023-01-14T07:59:25-06:00January 16th, 2023|Construction Contractor Advisor, Construction Contracts, Differing Site Conditions, Nebraska Construction Law|

It happens far too often – you show up at a job site that ends up much different than what you anticipated.  What is your best course of action?  First, look at your contract.  Do you have a differing site conditions or changed conditions clause?  Absent such a clause, you may be required to assume any additional difficulty, burden, or expense.  However, even in the absence of such a clause, [...]

16 Jan, 2023

How to Protect Yourself When the Job Site Isn’t What You Expected

2023-01-16T01:00:38-06:00January 16th, 2023|Construction Contractor Advisor, Construction Contracts, Differing Site Conditions, Nebraska Construction Law|

It happens far too often – you show up at a job site that ends up much different than what you anticipated.  What is your best course of action?  First, look at your contract.  Do you have a differing site conditions or changed conditions clause?  Absent such a clause, you may be required to assume any additional difficulty, burden, or expense.  However, even in the absence of such a clause, [...]

6 Jan, 2023

No . . . You May Not Be Able to Use ALL of the Plaintiff’s Medical Records to Defend Your Case

2023-01-09T12:26:58-06:00January 6th, 2023|LDM MedMal Forum|

There is a great misconception that all of the plaintiff’s medical records may be used in your defense when your patient sues you for medical malpractice.   That is not true.  Generally, medical records are hearsay (out of court statements) and are not admissible in court proceedings to use in your defense unless an exception to the hearsay rule applies.  Good news-there are such exceptions; bad news-the exceptions are not as [...]

5 Jan, 2023

How Long Must Audit Logs Be Retained?

2023-01-05T12:02:03-06:00January 5th, 2023|LDM MedMal Forum|

Any electronically stored information that an entity collects, stores, and transmits that may identify a patient is considered electronic protected health information (ePHI). To protect their patients’ ePHI, a covered healthcare entity must implement hardware, software, and/ or procedural mechanisms that record and examine activity on the entity’s network. 45 CFR §164.312 (b). With almost all medical files being stored electronically today, audit logs are critical to an entity’s security [...]

17 Dec, 2022

Spoliation of Evidence in Medical Malpractice Cases: What is it and What are the Consequences?

2022-12-13T16:58:21-06:00December 17th, 2022|LDM MedMal Forum|

This blog has previously touched on importance of accurately documenting an Electronic Medical Record [EMR]. Document, Document, Document - Accurately! - Lamson Dugan & Murray LLP (ldmlaw.com). As the post explained, the “slightest discrepancy or ambiguity may result in protracted litigation.” But what happens when certain documents are deleted or are removed from the electronic medical record before or during litigation? This action may invoke a legal doctrine called spoliation. [...]

13 Dec, 2022

The Smiling Tiger: Think Twice About the Production of Correspondence With the Iowa DIA

2022-12-13T16:49:59-06:00December 13th, 2022|LDM MedMal Forum|

I have had countless Plaintiffs’ attorneys ask for various forms of evidence involving interactions between the Iowa Department of Inspections and Appeals (DIA) and our client. And why wouldn’t they? The Iowa DIA works together with hospitals and medical providers to produce the best possible healthcare. Their inspections and subsequent findings are intended to find areas of improvement, not to identify breaches in the standard of care. To dig-up evidence [...]

23 Nov, 2022

Something to Be Thankful For

2022-11-23T09:30:41-06:00November 23rd, 2022|Construction Contractor Advisor|

As most readers know, I am a Construction Attorney. I was drawn to this area of the law, not because I love to read 100+ page contracts, but by the people. I am consistently impressed with my clients' dedication to their craft, their integrity in working through difficulties, and their desire to leave the project, and the world, better than they found it. Throughout my days, in dealing with the [...]

14 Nov, 2022

$111 Million Verdict Assessed Against Minnesota Surgical Practice — Could it Happen in Nebraska or Iowa?

2022-11-14T17:59:18-06:00November 14th, 2022|LDM MedMal Forum|

This past summer saw a Minnesota federal jury deliver what may be the state’s largest medical malpractice verdict to date. Though outside the jurisdictions LDM generally provides services in, this verdict offers an opportunity for defense practitioners to assess whether their clients may be at risk of incurring similar substantial judgments. The case, Thapa v. St. Cloud Orthopedic Associates, Ltd., arose from an injury a college student sustained during a [...]

9 Nov, 2022

What to Expect at Mediation

2022-11-09T14:22:45-06:00November 9th, 2022|LDM MedMal Forum|

If you are involved in litigation, you have likely heard that most medical negligence cases are resolved prior to trial. You may not know the mechanics of how lawsuits reach resolutions. One of the most common methods is mediation. Mediation is a process in which the parties to a lawsuit meet with a neutral person (a mediator) who assists the parties with negotiating a settlement of the case. In recent [...]

31 Oct, 2022

How to Get 12% Interest on Construction Liens

2022-10-31T13:47:55-05:00October 31st, 2022|Construction Contractor Advisor, Construction Lien, Nebraska Construction Law|

You know the construction project is not going well when you are considering filing a construction lien. However, here is a little light at the end of the tunnel—you can now demand that the property owner pay you 12% annual interest on your claim from the date you filed your construction lien. A recent Nebraska Supreme Court decision made this right clear. In Echo Group v. Lund Ross, the material [...]

17 Oct, 2022

The Long Arm of the Law: Investigating Crop Insurance Fraud

2022-10-17T15:21:49-05:00October 17th, 2022|Agriculture, Criminal Conduct, Crop Insurance, Farm Management, Fraud, Insurance coverage, Latest News, Midwest Agricultural Law|

The long arms of the USDA Risk Management Agency (RMA) recently caught a Nebraska man for making false statements in the collection of a sizeable crop insurance claim. The end result was a sentence of 16 weekends of jail time, a $100 special assessment, a $30,000 fine and the kicker of $1,000,000 in restitution. The sentence was for a 2015 crop insurance claim with the investigation starting after the man [...]

4 Oct, 2022

Can a Nurse Be Sued for Following a Physician’s Order?

2022-10-04T11:51:45-05:00October 4th, 2022|LDM MedMal Forum|

Consider a scenario whereby an attending physician gives orders to a nursing staff to monitor a patient and report to the physician any changes in the patient’s condition.  Despite the nursing staff’s constant monitoring, quick reporting to the attending physician, and implementation of further physician-guided treatment, the patient takes a turn for the worse.  Will a lawyer be able to point the finger at those nurses and say they owed [...]

3 Oct, 2022

How Private is Your Cell Phone Usage Once a Malpractice Case is Filed?

2022-10-03T18:39:38-05:00October 3rd, 2022|LDM MedMal Forum|

According to recent studies, most physicians and other health care providers (HCPs) use smartphones at work for a variety of purposes.  These include accessing electronic health records, communicating with patients and other HCPs, managing their schedules, viewing live monitoring data from remote locations, and consulting with apps downloaded to provide drug, diagnostic, and treatment information…in addition to using them for personal communication.  As a result, boundaries between professional and personal [...]

19 Sep, 2022

When Does the Clock Start? Bogue v. Gillis Clarifies the Continuous Treatment Doctrine in Nebraska

2022-09-26T10:14:50-05:00September 19th, 2022|LDM MedMal Forum|

Understanding the statute of limitations for any case is an essential first step.  However, determining whether a claim was timely filed is not always clear in medical malpractice cases.  This is especially true when the patient continues receiving treatment after the alleged negligence. Under the Nebraska Hospital-Medical Liability Act, a patient must bring a medical malpractice lawsuit within two years of the allegedly wrongful act, or if such wrongful act [...]

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