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

In Georgia, the burden of proof for medical malpractice cases lies with the plaintiff, meaning the person who has brought the case against the medical professional or professionals. This means that the plaintiff must prove that the medical professionals involved acted negligently by first establishing the relevant standard of care. The plaintiff must also prove that the medical professionals failed to meet that standard of care and that the medical professional’s negligence directly resulted in their injury or illness. The plaintiff must provide enough evidence to support their claim. This often requires the help of medical experts who will examine the medical records related to the case and provide an opinion about the medical professionals’ actions or inactions. The medical expert will need to provide clear and convincing evidence. This means more than just guesswork or speculation; the medical expert must offer reasons and explanations for their statements. Once the evidence is presented and the case is heard, the jury or judge must decide whether or not the plaintiff has provided enough evidence to support their claim of medical malpractice. If the jury or judge determines that the plaintiff has provided enough evidence to support their case, they can find in favor of the plaintiff and award damages. On the other hand, if the plaintiff is unable to provide enough evidence to support their case, the jury or judge will find in favor of the defendant and dismiss the case.

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