03/27/2025
The Nebraska Supreme Court’s decision in Bogue v. Gillis, 311 Neb. 445 (2022), resolved longstanding inconsistencies in the application of the continuous treatment doctrine in medical malpractice cases. Prior to Bogue, Nebraska courts followed two conflicting lines of authority. Some cases suggested that any treatment related to the alleged negligence could extend the limitations period, while others required that the ongoing treatment itself be negligent or based on a misdiagnosis.
This ruling has significant implications for plaintiffs seeking to file malpractice claims beyond the standard two-year limitations period. In our blog, we analyze the decision and outline best practices for attorneys handling medical malpractice claims in Nebraska.
The Nebraska Supreme Court’s decision in Bogue v. Gillis, 311 Neb. 445 (2022), resolved longstanding inconsistencies in the application of the continuous treatment doctrine in medical malpractice cases.