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.
Added by Laws 1976, c. 44, § 5, emerg. eff. April 8, 1976.
Structure Oklahoma Statutes
§76-1. Rights of others must be respected.
§76-1.1. Parent or child not answerable for other's act.
§76-3. Deceits defined and classed.
§76-4. Deceit upon the public deemed deceit of any individual misled.
§76-5. Responsibility for negligence - "Good Samaritan Act".
§76-5.4. Good Samaritan Revolving Fund.
§76-5.5. Limitation of actions.
§76-5.7. Accident or disaster involving hazardous materials - Immunity from civil liability.
§76-5A. Emergency use of automated defibrillator - Immunity from civil liability.
§76-6. General rights of persons.
§76-8. Wrongs against personal relations.
§76-8.1. Alienation of affections or seduction - Civil action - Abolition.
§76-17. Medical malpractice - Reporting of the claim to licensing board.
§76-20. Refusing to furnish records - Penalty.
§76-20.1. Healing arts - Standard of care.
§76-20.2. Chelation or other authorized therapy not prohibited.
§76-21. Presumption of negligence.
§76-23. Public utilities - Definitions - Fraud - Penalties - Civil liability - Exemptions.
§76-25. Professional review body, staff and personnel - Limitation of liability.
§76-26. Persons supplying information to professional review body - Protection from liability.
§76-27. Limitations on liability - Extent.
§76-28. Professional review body - Requirements for protection from liability.
§76-29. Emergency exception from notice and hearing requirement.
§76-31.3. Oklahoma Health Care Access Act - Volunteer Health Care Provider Program.
§76-32. Volunteer Professional Services Immunity Act.
§76-32.1. Liability for physician or health care provider acting in volunteer capacity.
§76-33. Immunity from liability - Application.
§76-38. Short title - Common Sense Consumption Act.
§76-41. Weight gain or obesity civil liability restricted - Exceptions.
§76-50.1. Short title – Legislative intent - Construction.
§76-50.4. Waiver of liability.
§76-50.6. Gun ranges and gun clubs - Liability.
§76-51.1. Legislative findings – Injuries from unlawful firearm use.
§76-52.1. Firearm manufacturer, distributor, or seller liability limitation.
§76-52.2. Association of licensed persons liability limitation.
§76-53.1. Exceptions to liability limitations.
§76-57.1. Product liability for inherently unsafe products - Affirmative defense.
§76-57.2. Rebuttable presumptions – Grounds for rebutting – Liability of product sellers.
§76-58.1. Subsequent measures not admissible - Exceptions.
§76-80. Safety of premises - Liability to trespasser.
§76-80.1. Liability and vicarious liability for damages while trespassing.
§76-81. Short title - Personal Injury Trust Fund Transparency Act.
§76-83. Required disclosures by plaintiff.
§76-84. Discovery - Use of materials.
§76-85. Scheduling trial - Stay of action.
§76-86. Defendant's identification of additional or alternative personal injury trusts.
§76-87. Valuation of personal injury trust claims - Judicial notice.
§76-89. Failure to provide information - Sanctions.
§76-90. Short title - Asbestos and Silica Claims Priorities Act.
§76-93. Pulmonary function testing - Interpretation.
§76-96. Service of report on all defendants - Trial docket - Interpretation.
§76-98. Effect of act in bankruptcy cases.
§76-100. Beginning of limitations period - Separate claims for nonmalignant conditions and cancer.
§76-100.1. Applicability of act.
§76-101. Severe weather shelter - Immunity from suit.
§76-102. Short title - Innocent Successor Asbestos-Related Liability Fairness Act.
§76-105. Limitations on successor asbestos-related liabilities.
§76-106. Establishing fair market value of total gross assets.
§76-111. Limitations on liability for exposure to COVID-19.
§76-112. Short title - COVID-19 Product Protection Act – Limitations on liability.