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

When a person files a medical malpractice claim in Florida, it is important to understand the burden of proof associated with the case. In general, the plaintiff (the person filing the claim) must prove that the doctor or healthcare provider acted negligently. To do so, the plaintiff must prove that the doctor or healthcare provider failed to provide the standard of care that a reasonable doctor or healthcare provider would have provided in the same circumstances. In addition, the plaintiff must also prove that the doctor or healthcare provider’s negligence directly caused the person’s injury or illness. This is known as causation. If causation can be established, the doctor or healthcare provider can be held responsible for any medical bills, pain and suffering, and any other damages that resulted from the negligence. The burden of proof in medical malpractice cases in Florida is known as the preponderance of the evidence standard. This means that the plaintiff must prove that it is more likely than not that the doctor or healthcare provider was negligent in causing the injury or illness. It is important to understand the burden of proof in medical malpractice cases in Florida since this can be a very complicated matter. If you are filing a medical malpractice claim, it is best to consult with an experienced medical malpractice lawyer to ensure that you have the strongest possible case.

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