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

In North Carolina, the burden of proof in a medical malpractice case is on the plaintiff- the person bringing forth the lawsuit. This means that the plaintiff must present evidence that proves, beyond a reasonable doubt, that the defendant- the medical professional or healthcare provider- was medically negligent and that the negligence caused an injury. The evidence presented must be sufficient to show that the provider breached their duty of care, and that the breach of care was the cause of the injury. This means that the plaintiff must provide evidence that the provider did not meet the standards of care for that particular medical situation, and that this breach was the cause of the injury sustained. The standard of care is usually determined by medical experts, who will determine if the provider acted how they should have in accordance with what is commonly accepted in the medical community. The plaintiff must also prove that the injury caused by the medical professional was the direct result of the breach of the medical standard of care. This means that the plaintiff must provide evidence of the financial and emotional damages that the breach caused. In summary, in a medical malpractice case in North Carolina, the burden of proof lies on the plaintiff. They must present evidence that proves, beyond a reasonable doubt, that the medical professional or healthcare provider breached their duty of care and that the breach caused an injury. The plaintiff must also present evidence of the financial and emotional damages that the breach caused.

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