TITLE 9
Courts and Civil Procedure–Procedure Generally

CHAPTER 9-19
Evidence

SECTION 9-19-33


§ 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.

History of Section.
(P.L. 1976, ch. 244, § 7; P.L. 1977, ch. 77, § 2.)