What is the burden of proof for a birth injury claim?
In Florida, the burden of proof for a birth injury claim is a preponderance of the evidence. This means that the plaintiff must prove that it is more likely than not that negligence occurred and caused the injury. In order to establish negligence in a birth injury claim, a legal concept called “the standard of care” comes into play. This standard is based on what a reasonable and competent healthcare provider would do in a similar situation, and whether a different action could have prevented the injury. To prove this, plaintiffs will provide expert testimony from medical experts regarding their medical opinion of what should have been done differently to prevent the injury. In order to succeed in a birth injury claim, the plaintiff must prove four elements: that the healthcare provider had a duty of care to the infant, that the healthcare provider breached their duty, that the breach of the duty caused the birth injury, and that the injury resulted in damages. The plaintiff must prove their case by a preponderance of evidence, which demonstrates that it is more likely than not that the defendant was negligent. If the plaintiff can prove their case, they may be entitled to compensation for the costs associated with the injury, such as past and future medical expenses and pain and suffering. It is important to keep in mind, however, that the burden of proof in a birth injury claim is a high standard to meet, and those affected should consult with an attorney who specializes in this area of law.
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