Thank you for contacting Hauptman O’Brien concerning your medical malpractice claim.
Due to the complex nature of medical malpractice matters, we have found that the best way to
determine if we can be helpful in your case is to have you complete the below questionnaire and provide a
summary of you or your loved one’s claim.
Additionally, if you have access to the medical records or death certificate, in the event that the medical
error caused one’s death, we kindly request that you submit them along with the completed questionnaire.
We will make every effort to review and respond to your request within five business days.
Please be advised that accepting your submission does not imply representation in your matter. However, we
assure you that your information will remain confidential and will not be shared with any other party.
Prior to your submission, it is crucial to note that in the state of Nebraska and Iowa (the only two states
our firm is licensed to practice law in) there is a two-year statute of limitations for medical malpractice
claims.
This means that any claim must be resolved or filed within two years of the alleged malpractice, or the
individual will be forever barred from bringing a claim. While there are exceptions to the statute, such as
cases involving minors, continuous treatment, or discovery of the malpractice after the two-year period, it is
important to be mindful of these time limitations. If your potential claim is approaching the two-year statute
of limitations, we cannot guarantee protection from the statute in the event that it is about to expire and
prior to any formal representation agreement between the parties is commenced.
Before you begin the questionnaire, it’s important to understand the Plaintiff’s Burden of Proof in a medical malpractice claim. As the claimant, you must be able to prove the following:
A specific error committed by a nurse, doctor, or other medical professional (not just a bad outcome).
A causal connection between the error and an injury. (It is essential to define how the medical error directly lead to a specific injury) such as impairment, loss of bodily function, or death.)
The injury resulted in damages such as medical expenses, pain and suffering, lost income, etc.
It is very beneficial to seek legal counsel when you have been a victim in an accident. A person without legal counsel cannot achieve maximum benefits. It’s just the way it is…. Every day people don’t write the rules, but attorneys can help you live by the rules. Hauptman O’Brien attorneys are thorough, helpful, considerate and patient. I can strongly recommend Kyle McGinn. The process he assisted me with was arduous and lengthy. I am very appreciative of the outcome and the focus on my return to wellness.