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

In a medical malpractice case in Tennessee, the burden of proof lies with the plaintiff, or the person who is making the claim. The plaintiff must show that the medical professional involved was negligent in providing care, which led to injury or harm to the patient. In Tennessee, the plaintiff must establish that the medical professional had a duty of care to the patient, that this duty was breached, and that the breach of duty caused the patient harm. The plaintiff must also demonstrate the extent of the harm they suffered and provide proof of their losses. The plaintiff must provide evidence that the medical professional did not follow the accepted standard of care, and that the injury or harm could have been prevented if the proper standard of care had been followed. Evidence of negligence typically includes expert testimony from other medical professionals in the same field. The burden of proof in a medical malpractice case in Tennessee is a very high standard. The plaintiff must be able to show that the medical professional was negligent, as opposed to just being unlucky. Judges typically have a lot of discretion when evaluating the evidence, so it is important to have a strong argument to support your case.

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