OUJI-CIV No. 14.14

RES IPSA LOQUITUR — PRESUMPTION OF NEGLIGENCE — MEDICAL

MALPRACTICE

In addition to the rules which have been stated with respect to negligence, there

are situations in which negligence may be presumed.

[Plaintiff] contends that this case involves such a situation and consequently has

the burden of proving by the weight of the evidence all of the following:

1. [Plaintiff] suffered an injury;

2. The injury was directly caused by a [dev ice/procedure] that was solely within

the control of [Defendant]; and

3. The injury is one that does not ordina rily occur under the circumstances in the

absence of negligence on the part of [Defendant].

This presumption places the burden of proof on [Defendant] to prove by the

weight of the evidence that [he/she] was not negligent.