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§ 21. Presumption of negligence

Oklahoma Statutes AnnotatedTitle 76. Torts

Oklahoma Statutes Annotated
Title 76. Torts (Refs & Annos)
76 Okl.St.Ann. § 21
§ 21. Presumption of negligence
Currentness
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.

Credits

Laws 1976, c. 44, § 5, emerg. eff. April 8, 1976.
76 Okl. St. Ann. § 21, OK ST T. 76 § 21
Current with legislation of the First Regular Session of the 59th Legislature (2023) and the First Extraordinary Session of the 59th Legislature (2023). Some sections may be more current, see credits for details.
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