§ 9-19-32 - Informed consent a preliminary question.
SECTION 9-19-32
§ 9-19-32 Informed consent a preliminaryquestion. – In actions against physicians as defined in § 5-37-1(12), hospitals,clinics, health maintenance organizations, or professional service corporationsproviding health care services and organized under chapter 5.1 of title 7 formalpractice in providing treatment to patients, issues of informed consent orreasonable disclosure of all known material risks shall be initially consideredby the court as preliminary questions of fact. Such issues shall be submittedto the jury by the court only in the event that it finds, after weighing theevidence and considering the credibility of the witnesses, that reasonableminds might fairly come to different conclusions in respect to such issues onthe basis of the evidence presented and inferences to be drawn therefrom.