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

Neb. Rev. Stat. § 44-2820 (2026)

Action based on failure to obtain informed consent; burden of proof

✓ current as of July 2026
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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.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1987–2025 · leading case: Curran v. Buser, 711 N.W.2d 562 (Neb. 2006).
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Curran v. Buser, 711 N.W.2d 562 (Neb. 2006). · cites it 7× “*339 Moreover, Neb. Rev. Stat. § 44-2820 (Reissue 2004) provides the burden of proof in an action based on failure to obtain informed consent.”
Smith v. Weaver, 407 N.W.2d 174 (Neb. 1987). · cites it 12× “Quite to the contrary, I believe that by adopting Neb.Rev.Stat. § 44-2820 (Reissue 1984), the Legislature of the State of Nebraska has committed this state to the "material risk" theory.”
Jones v. Malloy, 412 N.W.2d 837 (Neb. 1987). “§ 44-2820. At trial plaintiff presented expert chiropractic evidence from Dr.”
Pflueger-Jaems v. Pope Paul VI Inst. Physicians (Neb. Ct. App. 2014). · cites it 4× “Neb. Rev. Stat. § 44-2820 (Reissue 2010) requires a plaintiff claiming lack of informed consent to prove 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…”
Nienhuser v. MacMillan (Neb. Ct. App. 2025). · cites it 2× “Moreover, Neb. Rev. Stat. § 44-2820 (Reissue 2021) provides the burden of proof in an action based on failure to obtain informed consent.”
Jim P. Benge, M.D. & Kelsey-Seybold Med. Grp. PLLC v. Lauren Williams (Tex. App. 2015). “[*339] Moreover, Neb. Rev. Stat. § 44-2820 (Reissue 2004) provides the burden of proof in an action based on failure to obtain informed consent.”
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