§ 9-19-33 - Res ipsa loquitur in medical malpractice actions.
SECTION 9-19-33
§ 9-19-33 Res ipsa loquitur in medicalmalpractice actions. – In actions against licensed physicians, hospitals, clinics, health maintenanceorganizations, or professional service corporations providing health careservices under chapter 5.1 of title 7 for malpractice in providing treatment topatients, the issue of res ipsa loquitur shall be a preliminary question offact for the court to determine. The issue will be submitted to the jury by thecourt only in the event that, after weighing the evidence and the credibilityof witnesses, the court is of the opinion that reasonable minds might fairlycome to different conclusions as to whether the evidence of the circumstanceswould create a basis for a reasonable inference of negligence.