Neb. Rev. Stat. » Chapter 44
Nebraska Revised Statutes

Neb. Rev. Stat. § 44-2816 (2026)

Informed consent, defined

✓ current as of July 2026
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Informed consent shall mean consent to a procedure based on information which would ordinarily be provided to the patient under like circumstances by health care providers engaged in a similar practice in the locality or in similar localities. Failure to obtain informed consent shall include failure to obtain any express or implied consent for any operation, treatment, or procedure in a case in which a reasonably prudent health care provider in the community or similar communities would have obtained an express or implied consent for such operation, treatment, or procedure under similar circumstances.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1987–2025 · leading case: Bank v. Mickels, 302 Neb. 1009 (Neb. 2019).
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Bank v. Mickels, 302 Neb. 1009 (Neb. 2019). · cites it 15× “We specifically conclude that Neb. Rev. Stat. § 44-2816 (Reissue 2010) does not require informed consent to be written and that the court's jury instruction to that effect was a correct statement of the law and warranted by the evidence.”
Hamilton v. Bares, 678 N.W.2d 74 (Neb. 2004). · cites it 11× “Neb. Rev. Stat. § 44-2816 (Reissue 1998).”
Curran v. Buser, 711 N.W.2d 562 (Neb. 2006). · cites it 13× “First, Neb. Rev. Stat. § 44-2816 (Reissue 2004) defines informed consent: Informed consent shall mean consent to a procedure based on information which would ordinarily be provided to the patient under like circumstances by health care providers engaged in a similar practice in…”
Giese v. Stice, 567 N.W.2d 156 (Neb. 1997). · cites it 6× “§ 44-2816. We have held that the same definition of informed consent applies in a professional negligence action governed by the common law.”
Walls v. Shreck, 658 N.W.2d 686 (Neb. 2003). · cites it 5× “See Neb. Rev. Stat. § 44-2816 (Reissue 1998).”
Eccleston v. Chait, 492 N.W.2d 860 (Neb. 1992). · cites it 5× “§§ 44-2801 to 44-2855 (Reissue 1988), is § 44-2816, which states: Informed consent shall mean consent to a procedure based on information which would ordinarily be provided to the patient under like circumstances by health care providers engaged in a similar practice in the…”
Cerny v. Longley, 708 N.W.2d 219 (Neb. 2005). · cites it 3× “§ 44-2816 (Reissue 2004), which states: Informed consent shall mean consent to a procedure based on information which would ordinarily be provided to the patient under like circumstances by health care providers engaged in a similar practice in the locality or in similar…”
Smith v. Weaver, 407 N.W.2d 174 (Neb. 1987). · cites it 6× “Second, I believe that the majority is in error in concluding that because of the definition of informed consent set out in Neb.Rev.Stat. § 44-2816 (Reissue 1984), Nebraska has been committed "by its Legislature to the `professional' theory, under which expert evidence is…”
Robinson v. Bleicher, 559 N.W.2d 473 (Neb. 1997). · cites it 6× “Nebraska's "informed consent" requirement is found in Neb.Rev.Stat. § 44-2816 (Reissue 1993), which provides in part: "Informed consent shall mean consent to a procedure based on information which would ordinarily be provided to the patient under like circumstances by health…”
Jones v. Malloy, 412 N.W.2d 837 (Neb. 1987). · cites it 4× “The Legislature has defined informed consent within the Nebraska Hospital-Medical Liability Act, Neb. Rev. Stat. § 44-2816 (Reissue 1984), as follows: Informed consent shall mean consent to a procedure based on information which would ordinarily be provided to the patient under…”
Bank v. Mickels, 302 Neb. 1009 (Neb. 2019). · cites it 17× “Neb. Rev. Stat. § 44-2816 (Reissue 2010) does not require that informed consent be written.”
Bank v. Mickels, 302 Neb. 1009 (Neb. 2019). · cites it 17× “Neb. Rev. Stat. § 44-2816 (Reissue 2010) does not require that informed consent be written.”
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