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

In Michigan, the burden of proof for a medical malpractice claim is that the plaintiff (the person making the claim) must show that the medical professional in question did not live up to the standard of care that a reasonably prudent professional would have provided under the same or similar circumstances. To do this, the plaintiff must show that the medical professional’s conduct fell below a reasonable standard of care. In most cases, the plaintiff must present evidence from a medical expert in the same field as the defendant. This is to help the jury evaluate the medical professional’s conduct and determine if it fell below the standards of medical care for that particular situation. The plaintiff must prove that the medical professional’s actions or inactions caused injury to the plaintiff, and that the injury would have been avoided had the medical professional acted in an ordinary and responsible manner. It is important to note that the plaintiff must also prove the medical professional’s negligence was a direct cause in the injury. This means that the plaintiff must provide evidence that the injury would not have occurred had the medical professional acted in a professional manner. Additionally, the plaintiff must provide evidence that the injury resulted in damages to the plaintiff in the form of physical, emotional, and/or financial harm.

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