§ 76-21. Presumption of negligence.

In any action arising from negligence in the rendering of medical care, a presumption of negligence shall arise if the following foundation facts are first established:

1.  The plaintiff sustained any injury;

2.  Said injury was proximately caused by an instrumentality solely within the control of the defendant or defendants; and

3.  Such injury does not ordinarily occur under the circumstances absent negligence on the part of the defendant.

If any such fact, in the discretion of the court, requires a degree of knowledge or skill not possessed by the average person, then in that event such fact must be established by expert testimony.

Added by Laws 1976, c. 44, § 5, emerg. eff. April 8, 1976.