What are the rules of evidence in a medical malpractice case?

In a medical malpractice case in the state of Washington, the rules of evidence dictate what can and cannot be presented as evidence and how this evidence is handled during the trial. Evidence is generally divided into two categories: direct and circumstantial. Direct evidence typically includes documents, witness testimony, laboratory tests, and physical or medical exams. Circumstantial evidence, on the other hand, is evidence that suggests a fact, but does not necessarily prove it directly. In Washington, there are a few specific rules of evidence that must be followed in a medical malpractice case: 1. Hearsay evidence, which is testimony from someone who was not present when the incident happened, is not allowed. 2. Medical records must be authenticated by the doctor who created them. 3. Expert testimony is allowed from healthcare professionals who can provide an opinion on the standards of care and the actions of the defendant. 4. The parties must exchange witness lists and other evidence that they plan to use before the trial begins. 5. The burden of proof in medical malpractice cases is on the plaintiff, meaning they must prove that the defendant’s actions were negligent and caused their injury. It is important to understand that these are only a few of the rules of evidence as they relate to medical malpractice cases in Washington. Depending on the specific facts of your case, there may be other rules of evidence that you and your lawyer should be aware of and prepare for.

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