What is the burden of proof for a medical malpractice claim?

In Florida, the burden of proof for a medical malpractice claim rests with the plaintiff. In other words, the plaintiff must prove that the defendant, a physician or other medical professional, was negligent and that this negligence resulted in injury to the plaintiff. In order to make such a claim, the plaintiff must prove that their doctor or medical professional either provided an unreasonable level of care or failed to provide the accepted or reasonable level of care. In addition, the injury must be deemed to be a direct result of the doctor’s negligence. In order to prove negligence, the plaintiff must put forth relevant evidence that demonstrates how the defendant acted in a way that deviated from the accepted standard of care. This means that the plaintiff must provide evidence as to how the defendant’s care was not as good as another competent doctor would have provided. The plaintiff must also provide evidence as to how the injury sustained was a direct result of the defendant’s negligence. In order to demonstrate that the defendant acted negligently, it may be necessary for the plaintiff to prove that the doctor was not properly trained or competent to perform the type of medical procedures for which they are being sued. Additionally, the plaintiff must prove that the brach of duty inflicted actual damage and resulted in harm.

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