Nebraska § 28-327.04 Civil cause
of action; authorized; evidence of professional negligence; attorney's fee

Nebraska Statutes

§ 28-327.04 — Civil cause of action; authorized; evidence of professional negligence; attorney's fee

Nebraska § 28-327.04

Ch. 28Crimes and Punishments

This text of Nebraska § 28-327.04 (Civil cause of action; authorized; evidence of professional negligence; attorney's fee) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 28-327.04 (2026).

Text

Any person upon whom an abortion has been performed or attempted in
violation of section  28-327  or the parent or guardian of a minor upon whom
an abortion has been performed or attempted in violation of such section shall
have a right to maintain a civil cause of action against the person who performed
the abortion or attempted to perform the abortion. A violation of subdivision (1), (2), (3), (7), or (8) of section  28-327  shall
be prima facie evidence of professional negligence. The written certifications
prescribed by subdivisions (4) and (7) of section  28-327  signed
by the person upon whom an abortion has been performed or attempted shall
constitute and create a rebuttable presumption of full compliance with all
provisions of section  28-327  in favor of the physician who performe

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Any person upon whom an abortion has been performed or attempted in
violation of section 28-327 or the parent or guardian of a minor upon whom
an abortion has been performed or attempted in violation of such section shall
have a right to maintain a civil cause of action against the person who performed
the abortion or attempted to perform the abortion. A violation of subdivision (1), (2), (3), (7), or (8) of section 28-327 shall
be prima facie evidence of professional negligence. The written certifications
prescribed by subdivisions (4) and (7) of section 28-327 signed
by the person upon whom an abortion has been performed or attempted shall
constitute and create a rebuttable presumption of full compliance with all
provisions of section 28-327 in favor of the physician who performed or attempted
to perform the abortion, the referring physician, or the agent of either physician.
The written certification shall be admissible as evidence in the cause of
action for professional negligence or in any criminal action. If judgment
is rendered in favor of the plaintiff in any such action, the court shall
also render judgment for a reasonable attorney's fee in favor of the plaintiff
against the defendant.