44-2818. Health care provider; express or implied contract assuring results; liability; when.
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/ne/chapter-44/44-2818A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No liability shall be imposed upon any health care provider on the basis of an alleged breach of an express or implied contract assuring results to be obtained from any procedure undertaken in the course of health care, unless such contract is expressly set forth in writing and is signed by such health care provider or by an authorized agent of such health care provider. Nothing in this section shall exempt any health care provider from the standard of due care in administering any procedure undertaken.
Plaintiff's petition did not allege a contract expressly set forth in writing, signed by defendants or their authorized agents regarding an express or implied contract ensuring the results to be obtained from the procedures undertaken by defendant in the health care of plaintiff. Hitzemann v. Adam, 246 Neb. 201, 518 N.W.2d 102 (1994).