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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
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 emergency effective legislation through Chapter 329 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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