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

In California, the burden of proof for a medical malpractice case is on the plaintiff. The plaintiff—or the injured party—must prove that the care from the health care provider fell below the accepted medical standard of care and that the failure to meet this standard of care caused an injury. In order for the plaintiff to win the case, they will need to prove all of these elements. To prove that the care provided was below the accepted standard of care, the plaintiff must show that a health care provider’s action or inaction was negligent. Negligence can include improper diagnosis, providing inadequate treatment, or failure to obtain informed consent. The plaintiff must prove that the health care provider’s negligence was a direct cause of the patient’s injury. In order to prove that the negligence caused an injury, the plaintiff must be able to provide clear and convincing evidence. This means that the plaintiff must provide evidence that is more likely true than not. This can be a difficult hurdle to overcome and is where expert medical testimony becomes necessary. An expert can explain the medical standard of care and how the health care provider’s negligence caused the injury. In a California medical malpractice case, the burden of proof is on the plaintiff. The plaintiff must provide clear and convincing evidence to prove negligence, causation, and injury in order to win the case. An expert in medical malpractice law can help the plaintiff build a credible case and prove their burden of proof.

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