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

In Virginia, the burden of proof in a medical malpractice case rests with the plaintiff, the person bringing the lawsuit. The plaintiff must prove that the medical professional did not meet the accepted standard of care, which means that he or she did not provide a level of care that would be expected from a reasonably competent and careful doctor. To prove that a medical professional fell short of the standard of care, the plaintiff must present evidence of what a reasonable doctor would or would not have done in the same situation. This includes testimony from medical professionals who specialize in the same area as the defendant. Generally, the more credible medical experts the plaintiff can present, the better chance he or she has of proving that the defendant’s medical care fell short of the accepted standard. In the majority of Virginia medical malpractice cases, the plaintiff must present evidence of three elements to meet the burden of proof. These elements are: (1) that the defendant was negligent, meaning that he did not follow the accepted standard of care; (2) that the negligence resulted in foreseeable injury to the plaintiff; and (3) that the plaintiff suffered damages, or losses, as a result of the injury. In some cases, the plaintiff must also prove that the defendant’s negligence was a factor in the injury. In Virginia, medical malpractice cases can be long and complex. This is why it is important to conduct thorough research and seek the help of a qualified attorney before pursuing a medical malpractice case.

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