What is the burden of proof in a medical device injury case?

In a medical device injury case in Tennessee, the burden of proof is on the plaintiff, or the person bringing the lawsuit. This means that the plaintiff has the responsibility to present evidence in court that shows that the medical device caused their injury. To meet this burden of proof, the plaintiff must provide evidence that the medical device was either defective in some way or that it was being used in a way that the manufacturer did not intend or that resulted in an unexpected outcome. The plaintiff will also need to provide evidence of their diagnosis and how the medical device caused the injury. This could include medical records, doctor’s notes, or any applicable test results. If the diagnosis is not apparent, the plaintiff may need to retain the services of a medical expert witness who can testify that the device was the cause of the injury in court. To meet the burden of proof, the plaintiff will likely need to prove that their injury was caused by a defective medical device, and that the device was not properly designed or manufactured. This may include evidence that shows the device was tested and approved by a third party, yet caused injury due to a design or manufacturing flaw. It is also important to show that the device was being used as intended at the time of injury. The burden of proof in a medical device injury case is high, so it is important to work with an experienced attorney to make sure that all the necessary evidence is obtained and presented in court.

Related FAQs

What is the burden of proof in a medical device injury case?

Related FAQs

Related Blog Posts