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.
Neb. Rev. Stat. § 44-2820
Action based on failure to obtain informed consent; burden of proof
Applied in 2 court decisions — leading case Curran v. Buser (2006)
Most recently applied in Curran v. Buser (March 2006)
Laws 1976, LB 434, § 20; Laws 1984, LB 692, § 4.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.