What is the standard of proof in a medical malpractice case?

In a medical malpractice case in Michigan, the plaintiff must prove their case by a preponderance of the evidence. This means they must prove that more likely than not, the medical care provider caused them harm by acting negligently. In other words, the plaintiff must show that it is more likely than not that the defendant did not act according to the accepted standard of care. The standard of proof in medical malpractice cases in Michigan is different than in a criminal trial. In criminal trials, the prosecutor must prove beyond a reasonable doubt the defendant is guilty. However, in civil trials, like most medical malpractice cases, the standard of proof is the preponderance of the evidence. This means the plaintiff must prove it is more likely than not that the defendant acted negligently. Medical malpractice cases are complex and require the plaintiff to present evidence to the court to prove the medical care provider acted negligently. Evidence can include medical records, expert testimony, and testimony from witnesses. Additionally, the plaintiff must provide evidence that the negligence caused them harm. All of this evidence is then used to determine if it is more likely than not that the medical care provider acted negligently.

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What is the standard of proof in a medical malpractice case?

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