Burden of Proof

The burden of proof in a medical malpractice case requires the plaintiff to demonstrate that the healthcare providers negligence directly caused harm or injury. This typically involves establishing four elements: duty, breach, causation, and damages.

The burden of proof lies with the plaintiff—the patient or their representative—who must show that the healthcare provider deviated from accepted medical standards and caused harm as a result.

To establish a breach of duty, the plaintiff must present evidence that shows how the healthcare provider failed to meet the standard of care expected within their professional capacity. This often involves expert testimony from other medical professionals.

Expert witnesses are crucial in helping to meet the burden of proof. They provide specialized knowledge and opinions to explain how the defendants actions deviated from accepted medical practices, thereby supporting claims of negligence.

Yes, circumstantial evidence can be used alongside direct evidence to satisfy the burden of proof. However, it must sufficiently support an inference that negligence occurred and was responsible for causing harm.