§ 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.