Okla. Stat. tit. 76 § 21

Current through Laws 2024, c. 453.

Section 21 - Presumption of negligence

In any action arising from negligence in the rendering of medical care, a presumption of negligence shall arise if the following foundation facts are first established:

1. The plaintiff sustained any injury;

2. Said injury was proximately caused by an instrumentality solely within the control of the defendant or defendants; and

3. Such injury does not ordinarily occur under the circumstances absent negligence on the part of the defendant.

If any such fact, in the discretion of the court, requires a degree of knowledge or skill not possessed by the average person, then in that event such fact must be established by expert testimony.

Okla. Stat. tit. 76, § 21

Added by Laws 1976, SB 622, c. 44, § 5, emerg. eff. 4/8/1976.