Oklahoma RES IPSA LOQUITUR -- PRESUMPTION OF NEGLIGENCE -- MEDICAL MALPRACTICE

• Category: Oklahoma Jury Instructions - Official - Civil - Professional Liability
• State: Oklahoma
• Control #: OK-JURY-14-14-CV
• Format: Word

Description

RES IPSA LOQUITUR -- PRESUMPTION OF NEGLIGENCE -- MEDICAL MALPRACTICE Oklahoma RES IPSA SEQUITUR -- PRESUMPTION OF NEGLIGENCE -- MEDICAL MALPRACTICE is a legal doctrine that applies to medical malpractice cases in the state of Oklahoma. This doctrine states that if a medical professional had exclusive control over the instrumentality that caused the injury, and the injury would not have occurred in the absence of negligence, the medical professional is presumed to have been negligent. The burden of proof then shifts to the medical professional to prove that the injury was not due to negligence. There are two types of Oklahoma RES IPSA SEQUITUR -- PRESUMPTION OF NEGLIGENCE -- MEDICAL MALPRACTICE: the standard of care presumption and the res IPSA sequitur presumption. The standard of care presumption applies when the injury would not have occurred in the absence of negligence and the medical professional had exclusive control over the instrumentality that caused the injury. The res IPSA sequitur presumption applies when the injury would not have occurred in the absence of negligence, the medical professional had exclusive control over the instrumentality that caused the injury, and the injury is of a kind that would not normally occur in the absence of negligence.

Oklahoma RES IPSA SEQUITUR -- PRESUMPTION OF NEGLIGENCE -- MEDICAL MALPRACTICE is a legal doctrine that applies to medical malpractice cases in the state of Oklahoma. This doctrine states that if a medical professional had exclusive control over the instrumentality that caused the injury, and the injury would not have occurred in the absence of negligence, the medical professional is presumed to have been negligent. The burden of proof then shifts to the medical professional to prove that the injury was not due to negligence. There are two types of Oklahoma RES IPSA SEQUITUR -- PRESUMPTION OF NEGLIGENCE -- MEDICAL MALPRACTICE: the standard of care presumption and the res IPSA sequitur presumption. The standard of care presumption applies when the injury would not have occurred in the absence of negligence and the medical professional had exclusive control over the instrumentality that caused the injury. The res IPSA sequitur presumption applies when the injury would not have occurred in the absence of negligence, the medical professional had exclusive control over the instrumentality that caused the injury, and the injury is of a kind that would not normally occur in the absence of negligence.