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

In New Mexico, the burden of proof for a medical malpractice claim is based on a principle known as “preponderance of the evidence.” This means that in order to prove a medical malpractice claim, the plaintiff must show that it is more likely than not that the medical professional was negligent. In New Mexico, medical malpractice claims are typically composed of four elements: a duty of care, an act or omission which breaches the duty of care, proximate causation, and damages. The plaintiff must prove each element in order for their claim to be successful. In some cases, the plaintiff may need to involve expert witnesses in order to show that the medical professional breached their duty of care. This is because medical malpractice cases often involve complex medical principles. The testimony of an expert witness may be necessary to show that the medical professional acted inappropriately. In New Mexico, the plaintiff must be able to prove their medical malpractice case by “preponderance of the evidence.” This means that the plaintiff must show that it was more likely than not that the medical professional was negligent. If the plaintiff is able to meet this burden of proof, then their claim may be successful.

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