38-1232 Individual liability. - Nebraska Statutes

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Statutes > Nebraska > Chapter38 > 38-1232

38-1232. Individualliability.(1) No out-of-hospital emergency careprovider, physician assistant, registered nurse, or licensed practical nursewho provides public emergency care shall be liable in any civil action torespond in damages as a result of his or her acts of commission or omissionarising out of and in the course of his or her rendering in good faith anysuch care. Nothing in this subsection shall be deemed to grant any such immunityfor liability arising out of the operation of any motor vehicle, aircraft,or boat or while such person was impaired by alcoholic liquor or any controlledsubstance enumerated in section 28-405 in connection with such care, nor shallimmunity apply to any person causing damage or injury by his or her willful,wanton, or grossly negligent act of commission or omission.(2) No qualified physician or qualified physician surrogatewho gives orders, either orally or by communication equipment, to any out-of-hospitalemergency care provider at the scene of an emergency, no out-of-hospital emergencycare provider following such orders within the limits of his or her licensure,and no out-of-hospital emergency care provider trainee in an approved trainingprogram following such orders, shall be liable civilly or criminally by reasonof having issued or followed such orders but shall be subject to the rulesof law applicable to negligence.(3) No physician medical director shall incur any liabilityby reason of his or her use of any unmodified protocol, standing order, operatingprocedure, or guideline provided by the board pursuant to subdivision (8) of section 38-1217. SourceLaws 1997, LB 138, § 23; R.S.1943, (2003), § 71-5194; Laws 2007, LB463, § 516; Laws 2009, LB195, § 18.

State Codes and Statutes

Statutes > Nebraska > Chapter38 > 38-1232

38-1232. Individualliability.(1) No out-of-hospital emergency careprovider, physician assistant, registered nurse, or licensed practical nursewho provides public emergency care shall be liable in any civil action torespond in damages as a result of his or her acts of commission or omissionarising out of and in the course of his or her rendering in good faith anysuch care. Nothing in this subsection shall be deemed to grant any such immunityfor liability arising out of the operation of any motor vehicle, aircraft,or boat or while such person was impaired by alcoholic liquor or any controlledsubstance enumerated in section 28-405 in connection with such care, nor shallimmunity apply to any person causing damage or injury by his or her willful,wanton, or grossly negligent act of commission or omission.(2) No qualified physician or qualified physician surrogatewho gives orders, either orally or by communication equipment, to any out-of-hospitalemergency care provider at the scene of an emergency, no out-of-hospital emergencycare provider following such orders within the limits of his or her licensure,and no out-of-hospital emergency care provider trainee in an approved trainingprogram following such orders, shall be liable civilly or criminally by reasonof having issued or followed such orders but shall be subject to the rulesof law applicable to negligence.(3) No physician medical director shall incur any liabilityby reason of his or her use of any unmodified protocol, standing order, operatingprocedure, or guideline provided by the board pursuant to subdivision (8) of section 38-1217. SourceLaws 1997, LB 138, § 23; R.S.1943, (2003), § 71-5194; Laws 2007, LB463, § 516; Laws 2009, LB195, § 18.

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State Codes and Statutes

Statutes > Nebraska > Chapter38 > 38-1232

38-1232. Individualliability.(1) No out-of-hospital emergency careprovider, physician assistant, registered nurse, or licensed practical nursewho provides public emergency care shall be liable in any civil action torespond in damages as a result of his or her acts of commission or omissionarising out of and in the course of his or her rendering in good faith anysuch care. Nothing in this subsection shall be deemed to grant any such immunityfor liability arising out of the operation of any motor vehicle, aircraft,or boat or while such person was impaired by alcoholic liquor or any controlledsubstance enumerated in section 28-405 in connection with such care, nor shallimmunity apply to any person causing damage or injury by his or her willful,wanton, or grossly negligent act of commission or omission.(2) No qualified physician or qualified physician surrogatewho gives orders, either orally or by communication equipment, to any out-of-hospitalemergency care provider at the scene of an emergency, no out-of-hospital emergencycare provider following such orders within the limits of his or her licensure,and no out-of-hospital emergency care provider trainee in an approved trainingprogram following such orders, shall be liable civilly or criminally by reasonof having issued or followed such orders but shall be subject to the rulesof law applicable to negligence.(3) No physician medical director shall incur any liabilityby reason of his or her use of any unmodified protocol, standing order, operatingprocedure, or guideline provided by the board pursuant to subdivision (8) of section 38-1217. SourceLaws 1997, LB 138, § 23; R.S.1943, (2003), § 71-5194; Laws 2007, LB463, § 516; Laws 2009, LB195, § 18.