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

The burden of proof for a medical malpractice claim in Washington is high and can be difficult to meet. In Washington, the plaintiff in a medical malpractice case must prove four elements that constitute malpractice: 1) Negligence- that the healthcare provider failed to meet the accepted standard of care; 2) Causation- that this failure to meet the accepted standard of care directly resulted in the injury or death of the patient; 3) Damages- that the patient has suffered harm or loss from the injury or death; and 4) Injury- that the patient has actually suffered an injury or death as a result of the medical negligence. In order to meet this burden of proof, the plaintiff must provide evidence to support all four elements. In addition, it must be shown that the damages were a direct result of the negligence. The plaintiff must present evidence to the court to demonstrate that the injury or death was because of the healthcare provider’s negligence, something that was preventable. The evidence must demonstrate that the harm or loss was due to the failure to meet the accepted standard of care and not due to the natural risks of the medical procedure. Overall, the burden of proof for medical malpractice claims in Washington is quite high, and it can be difficult for the plaintiff to meet all of the necessary elements. Plaintiffs can benefit from seeking out an experienced medical malpractice attorney to help them navigate this complex process.

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