LegalFix
Sign In

44-2820 Action based on failure to obtain informed consent; burden of proof.

NE Code § 44-2820 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

44-2820. Action based on failure to obtain informed consent; burden of proof.

Before the plaintiff may recover any damages in any action based on failure to obtain informed consent, it shall be established by a preponderance of the evidence that a reasonably prudent person in the plaintiff's position would not have undergone the treatment had he or she been properly informed and that the lack of informed consent was the proximate cause of the injury and damages claimed.

Source

Annotations

To be "properly informed" under this section, a patient must be informed under the standard articulated in section 44-2816. Curran v. Buser, 271 Neb. 332, 711 N.W.2d 562 (2006).

The language of this statute is adopted for the purposes of malpractice actions against chiropractors. Jones v. Malloy, 226 Neb. 559, 412 N.W.2d 837 (1987).

Previous Section
44-2819 Bodily injuries or wrongful death actions; evidence of medical reimbursement insurance inadmissible; credit against judgment; damages recoverable.
Next Section
44-2821 Health care provider; failure to qualify under act; liability under common law; qualified under act; remedy; election not to be bound by act; procedure; post sign; contents.