Nebraska Statutes 20-402. Statement of policy
(1) The Legislature recognizes the common-law right and a constitutionally protected liberty interest for people to direct their medical treatment. The exercise of such right and liberty interest is subject to certain state interests in preserving life, preventing homicide and suicide, protecting dependent third parties, and maintaining the integrity of the medical profession. The Legislature adopts the Rights of the Terminally Ill Act to provide one means, by use of the declaration described in the act, for people to exercise their rights. Unjustifiable violation of a patient’s direction shall be a civil cause of action maintainable by the patient or the patient’s next of kin. Remedy in law and equity may be granted by a court of competent jurisdiction.
Terms Used In Nebraska Statutes 20-402
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Dependent: A person dependent for support upon another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(2) It is the public policy of this state that no existing right be terminated or restricted by the Rights of the Terminally Ill Act.