Nebraska Medical Malpractice Insurance

Nebraska has a unique system ensuring everyone is covered (including patients and physicians) by the terms of the liability law unless they write to opt out.

While Nebraska's medical malpractice insurance system may be more user-friendly for physicians, you may still want to work with a liability and insurance professional to create a custom insurance plan to protect you to the furthest extent possible. If so, contact Gallagher Healthcare to discuss your malpractice insurance needs. More than 98% of our customers, including the more than 60,000 physicians we serve, choose to work with us year after year because we bring them the right custom solutions.

If you want real medical malpractice solutions with the attention and customer service you deserve, choose Gallagher Healthcare. We are always looking for new opportunities, and we are aware of every trend in the market, so we can bring you more options. We stay ahead of the curve, so we can help you stay ready for every change in the rapidly changing malpractice insurance environment.

Contact Gallagher Healthcare today to find out how we can help you build customized solutions for coverage.

Medical Malpractice Insurance in Nebraska: What You Need to Know

The chief reason behind Nebraska's comparatively affordable medical malpractice insurance costs stems from the 1976 Hospital-Medical Liability Act. At the time it was passed, many states were concerned about rising medical malpractice insurance costs, which stemmed from a number of civil claims against medical professionals and facilities.

Different states had different ways to keep insurance affordable in order to protect physicians, but Nebraska's Hospital-Medical Liability Act was perhaps one of the most comprehensive. It limited the amount for which physicians and medical professionals could be held liable and limited the overall amount plaintiffs could seek in a claim. The Act further required that claims not filed directly in court needed to be examined by a panel to determine their merit.

The Act also created the Nebraska Excess Liability Fund, which allows physicians and healthcare providers to combine their liability risk to be able to handle the risk of large claims more efficiently.

Fast Insurance Facts

  • Under the Hospital-Medical Liability Act, Nebraska physicians need a minimum liability of up to $500,000 per incident and up to $1 million aggregate annually.
  • Nebraska physicians who are part of the Nebraska Excess Liability Fund have excess judgment covered by the fund (up to $1.75 million).
  • In nearby states, physicians pay 2-3 times what Nebraska physicians pay.
  • To opt out of the rules in the Hospital-Medical Liability Act, patients or medical professionals must write a formal request to the Nebraska insurance director.
  • Unless a patient opts out of the Hospital-Medical Liability Act, damages are limited to $1.75 million.


The Nebraska medical malpractice insurance market is not as expensive when compared with other states, and the Nebraska Excess Liability Fund offers relief to many physicians. However, make no mistake: you still need to consider your coverage carefully. If a patient opts out of the Hospital-Medical Liability Act, there is no cap on damages. Choosing robust coverage that meets your needs is crucial, especially for higher-risk professionals such as neurosurgeons, spinal orthopedic surgeons and others.

Nebraska's medical malpractice insurance market is designed to keep doctors and medical professionals in the state and serving patients. Gallagher Healthcare can help you find the right fit for your medical malpractice insurance needs.

Gallagher Healthcare is a part of Arthur J. Gallagher & Co., one of the largest insurance brokerages in the world, combining medical malpractice expertise with one of the largest networks and teams of professionals.

If you would like custom medical malpractice solutions, exceptional customer service and a wider array of choices, contact Gallagher Healthcare today to discuss your insurance needs in Nebraska.

Medical Malpractice Carriers

  • MMIC Insurance Group
  • Coverys Companies
  • ProAssurance Insurance Group
  • CNA Insurance Companies
  • Mountain States Healthcare RRRG
  • Zurich Financial Services NA Group
  • Medical Protective Company
  • American International Group
  • Capson Physicians Insurance Company
  • NORCAL Mutual Insurance Company

Nebraska Medical Malpractice Insurance Rates By Specialty (Top 15)

Rates depend greatly on specialty. Physicians offering high-risk care, such as surgeons, have higher rates than doctors in lower-risk areas. Prices will vary, though, based on your claim history and location in addition to your specialty. Always talk to an insurance expert to get a more specific quote for your malpractice insurance.

Below are undiscounted state filed rate data averages across all territories for $1m / $3m limits

SpecialtyAverage RateMin RateMax RateCount
Family Practice No Surgery$3,159$2,703$3,6141290
Internal Medicine No Surgery$3,512$2,703$4,321828
Occupational Medicine$2,486$2,458$2,514795
Pediatrics No Surgery$3,159$2,703$3,614396
Obstetrics and Gynecology Major Surgery$15,949$15,712$16,185276
General Practice No Surgery$3,159$2,703$3,614275
Radiology - Diagnostic$4,557$4,557$4,557264
Emergency Medicine$8,220$7,013$9,427261
General Surgery$9,839$9,427$10,250236
Orthopedic Surgery No Spine$9,427$9,427$9,427187
Pathology No Surgery$2,923$2,703$3,142161
Ophthalmology No Surgery$2,329$2,200$2,458121
Cardiovascular Disease Minor Surgery$5,444$4,917$5,970115
* Please note that the above rates are state filed rates. It is not uncommon for Gallagher Healthcare clients to receive up to 50% or more in discounts from state filed rates. Please Request a Quote to receive a custom premium indication.

Rate Range by Specialty

This chart compares the range of possible state filed medical malpractice premium rates by admitted markets and a few Gallagher Select markets broken out by the top 15 specialties in Nebraska.

Nebraska Medical Malpractice Rate Range Chart

USA Ranking Map

The map below provides a visual display of the nation and compares what a typical primary care physician might pay compared to each individual state and county. This research is based on the average rate for a single specialty, the most common limits in that state, and the mature claims made premium. The darker the blue, the higher the average premium, see how Nebraska compares to other states.

Malpractice Rate Heat Map - United States