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§ 25-12,121.Hospital medical staff committee; hospital utilization committee; extended care facility utilization committee; recommendations or orders; liability for damages.

Article 12: Evidence and Witnesses · Last amended 1967 · Last verified July 22, 2026

In one sentenceThis section shields a hospital medical staff committee, hospital utilization committee, or extended care facility utilization committee — and its members and agents — from legal liability for damages arising out of a recommendation or order the committee makes about a patient’s hospitalization or continued confinement.

Full Text of § 25-12,121

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No hospital medical staff committee or hospital utilization committee or extended care facility utilization committee or any member or agent of any such committee shall be held legally liable for damages or other relief to any patient or to any person or organization in behalf of any patient because of any recommendation or order made by such committee with reference to the hospitalization or continued hospitalization or confinement in an extended care facility of any individual or patient.

Source

Laws 1967, c. 142, § 2, p. 438.

Plain-English Summary

Committees that review whether a patient needs continued hospitalization or extended care make recommendations and orders that directly affect a patient’s treatment. Section 25-12,121 protects the people who serve on those committees from being sued over the substance of that work.

No hospital medical staff committee, hospital utilization committee, or extended care facility utilization committee, and no member or agent of any such committee, can be held legally liable for damages or other relief to a patient, or to any person or organization acting on a patient’s behalf, because of a recommendation or order the committee made regarding hospitalization, continued hospitalization, or confinement in an extended care facility.

This protection is narrower than a general grant of immunity for anything a committee does — it applies specifically to liability arising from a recommendation or order tied to hospitalization or continued confinement. It works alongside section 25-12,120’s consent presumption: the committee is presumed to have lawful access to the patient’s records for its review, and section 25-12,121 then protects the committee and its members from liability for the decisions that review produces.

Frequently Asked Questions

Can a patient sue a hospital utilization committee for recommending an end to their hospitalization?

Section 25-12,121 states that no such committee, or its members or agents, can be held legally liable for damages or other relief to a patient because of a recommendation or order about hospitalization or continued hospitalization.

Does this protection extend to individual members of the committee, or only to the committee as a whole?

It covers both. The section protects the committee itself and any member or agent of the committee.

What kind of committee decisions does this section protect?

Recommendations or orders concerning the hospitalization, continued hospitalization, or confinement in an extended care facility of a patient.

Can someone other than the patient bring a claim over a committee’s recommendation?

The section also protects the committee from liability to any person or organization acting on behalf of the patient, not just the patient personally.

Does this section protect a committee member from liability for something unrelated to a hospitalization recommendation, like a personal dispute with the patient?

No. The protection is tied specifically to liability arising from a recommendation or order about hospitalization or continued confinement, not to unrelated conduct.

How does this section relate to section 25-12,120?

Section 25-12,120 presumes patient consent to the committee’s access to medical records for its review; section 25-12,121 then protects the committee and its members from liability over the recommendations that review produces.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source
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