Oklahoma § 76-21 - Presumption of negligence

§ 76-21. 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;

Oklahoma Statutes - Title 76. Torts

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.

Added by Laws 1976, c. 44, § 5, emerg. eff. April 8, 1976.