State Codes and Statutes

Statutes > Nebraska > Chapter27 > 27-1201

27-1201. Unanticipatedoutcome of medical care; civil action; health care provider or employee; useof certain statements and conduct; limitations.(1)In any civil action brought by an alleged victim of an unanticipated outcomeof medical care, or in any arbitration proceeding related to such civil action,any and all statements, affirmations, gestures, or conduct expressing apology,sympathy, commiseration, condolence, compassion, or a general sense of benevolencewhich are made by a health care provider or an employee of a health care providerto the alleged victim, a relative of the alleged victim, or a representativeof the alleged victim and which relate to the discomfort, pain, suffering,injury, or death of the alleged victim as a result of the unanticipated outcomeof medical care shall be inadmissible as evidence of an admission of liabilityor as evidence of an admission against interest. A statement of fault whichis otherwise admissible and is part of or in addition to any such communicationshall be admissible.(2) For purposes of this section, unless the context otherwiserequires:(a) Health care provider means any person licensed or certifiedby the State of Nebraska to deliver health care under the Uniform Credentialing Act and any health care facilitylicensed under the Health Care Facility Licensure Act. Health care providerincludes any professional corporation or other professional entity comprisedof such health care providers;(b) Relative means a patient's spouse, parent, grandparent,stepfather, stepmother, child, grandchild, brother, sister, stepbrother, stepsister,half brother, half sister, or spouse's parents. Relative includes personsrelated to the patient through adoptive relationships. Relative also includesany person who has a family-type relationship with the patient;(c) Representative means a legal guardian, attorney, persondesignated to make health care decisions on behalf of a patient under a powerof attorney, or any person recognized in law or custom as a patient's agent;and(d) Unanticipated outcome means the outcome of a medicaltreatment or procedure that differs from the expected result. SourceLaws 2007, LB373, § 1; Laws 2009, LB35, § 18. Cross ReferencesHealth Care Facility Licensure Act, see section 71-401.Uniform Credentialing Act, see section 38-101.