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

The burden of proof for a medical malpractice claim in North Carolina is a preponderance of the evidence. This means that the plaintiff, or person suing for medical malpractice, must prove that more likely than not, the medical professional was negligent in their care and that this negligence resulted in the injury or death of the patient. To succeed in a case of medical malpractice, the plaintiff must present enough evidence to convince a jury that the defendant (the medial professional) was, more likely than not, at fault. The plaintiff must also prove that the doctor’s negligence caused the injury or death of the patient. This is often done by presenting medical records, expert testimony from a medical professional, and witnesses to the incident. In North Carolina, these cases are often complex and require a legal professional to review the case and make the best argument possible on behalf of the plaintiff. An attorney will assess the medical records, relevant statutes, and case law to determine the strength of the plaintiff’s claim. The attorney can then present a compelling argument in court for why the defendant was negligent in their care and should be held liable for any resulting injury or death.

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