§ 9-19-33 Res ipsa loquitur in medical
malpractice actions. –
In actions against licensed physicians, hospitals, clinics, health maintenance
organizations, or professional service corporations providing health care
services under chapter 5.1 of title 7 for malpractice in providing treatment to
patients, the issue of res ipsa loquitur shall be a preliminary question of
fact for the court to determine. The issue will be submitted to the jury by the
court only in the event that, after weighing the evidence and the credibility
of witnesses, the court is of the opinion that reasonable minds might fairly
come to different conclusions as to whether the evidence of the circumstances
would create a basis for a reasonable inference of negligence.
(P.L. 1976, ch. 244, § 7; P.L. 1977, ch. 77, § 2.)