What do I need to know about the burden of proof in a medical malpractice case?

In a medical malpractice case, the burden of proof is on the plaintiff (the person who brings the case to court) to show that the defendant (the health care provider who is being accused of malpractice) was negligent. In Georgia, the standard of proof for medical malpractice cases is “clear and convincing evidence.” This means that the plaintiff must present evidence that is substantially more likely to be true than not true. The plaintiff must also prove that the defendant’s negligence caused the injury. This is known as the “causation” element of the burden of proof. In other words, the plaintiff must show that it is “more likely than not” that the defendant’s negligence caused the injury. The plaintiff must also prove that the injury was a direct result of the defendant’s negligence. In general, the plaintiff will need to present evidence of the medical negligence that occurred, as well as evidence that the negligence was the direct cause of the injury. This may include medical records, expert testimony, and any other relevant evidence. The plaintiff must also show that the injury caused by the negligence was significant and that he or she suffered a financial loss as a result. In medical malpractice cases, the burden of proof is quite high. It is important for the plaintiff to understand the standard of proof and to present evidence that meets this standard. An experienced medical malpractice attorney can help the plaintiff to do this.

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