(735 ILCS 5/2-1113) (from Ch. 110, par. 2-1113)
Sec. 2-1113.
Medical malpractice - res ipsa loquitur.
In all cases
of alleged medical or dental malpractice, where the plaintiff relies upon
the doctrine of res ipsa loquitur, the court shall determine whether that
doctrine applies. In making that determination, the court shall rely upon
either the common knowledge of laymen, if it determines that to be adequate,
or upon expert medical testimony, that the medical result complained of
would not have ordinarily occurred in the absence of negligence on the part
of the defendant. Proof of an unusual, unexpected or untoward medical result
which ordinarily does not occur in the absence of negligence will suffice
in the application of the doctrine.
(Source: P.A. 82-783.)
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