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

28-327.04. Civil causeof action; authorized; evidence of professional negligence; attorney's fee.Any person upon whom an abortion has been performed or attempted inviolation of section 28-327 or the parent or guardian of a minor upon whoman abortion has been performed or attempted in violation of such section shallhave a right to maintain a civil cause of action against the person who performedthe abortion or attempted to perform the abortion. A violation of subdivision (1), (2), (3), (7), or (8) of section 28-327 shallbe prima facie evidence of professional negligence. The written certificationsprescribed by subdivisions (4) and (7) of section 28-327 signedby the person upon whom an abortion has been performed or attempted shallconstitute and create a rebuttable presumption of full compliance with allprovisions of section 28-327 in favor of the physician who performed or attemptedto perform the abortion, the referring physician, or the agent of either physician.The written certification shall be admissible as evidence in the cause ofaction for professional negligence or in any criminal action. If judgmentis rendered in favor of the plaintiff in any such action, the court shallalso render judgment for a reasonable attorney's fee in favor of the plaintiffagainst the defendant. SourceLaws 1993, LB 110, § 6; Laws 2009, LB675, § 5; Laws 2010, LB594, § 14.Effective Date: July 15, 2010