How is "the burden of proof" defined in a medical malpractice case?

In a medical malpractice case, "the burden of proof" refers specifically to the obligation of the plaintiff to demonstrate negligence on the part of the healthcare provider. This entails the plaintiff needing to establish that the healthcare provider failed to meet the accepted standard of care, which directly resulted in harm or injury to the patient. To succeed in a malpractice claim, the plaintiff must present sufficient evidence to support their claim, including aspects like expert testimony, medical records, and other relevant documentation.

The focus on the plaintiff’s responsibility is crucial because in civil cases, such as medical malpractice suits, the plaintiff typically carries the burden of proof “by a preponderance of evidence.” This means that the evidence must show that it is more likely than not that the alleged negligence occurred.

Understanding this concept is pivotal, as it underscores the dynamics of liability within the legal framework of healthcare. The obligation does not fall on the healthcare provider to prove their innocence; rather, the healthcare provider’s defense would arise once the plaintiff establishes a prima facie case of negligence.