Section 1-12-601 - Injury by Health Care Providers; Burden of Proof

1-12-601. Injury by health care providers; burden of proof. (a) In an action for injury alleging negligence by a health care provider the plaintiff shall have the burden of proving: (i) If the defendant is certified by a national certificating board or association, that the defendant failed to act in accordance with the standard of care adhered to by that national board or association; or (ii) If the defendant is not so certified, that the defendant failed to act in accordance with the standard of care adhered to by health care providers in good standing performing similar health care services. (b) In either paragraph (a)(i) or (ii) of this section, variations in theory of medical practice or localized circumstances regarding availability of equipment, facilities or supplies may be shown to contravene proof offered on the applicable standard of care.