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

The standard of proof in a medical malpractice case is the same as any other civil case in the state of Washington. The plaintiff, or the person bringing the lawsuit, must prove their case using the legal standard of “preponderance of the evidence.” This is a lower standard than in a criminal case, where the defendant must be found guilty "beyond a reasonable doubt." In a medical malpractice case, the plaintiff must be able to prove that the defendant, usually a medical provider, was negligent and that their negligence caused the injury or harm. This means that the plaintiff must be able to show that the medical provider’s actions did not meet the accepted standard of care for that specialty. The plaintiff’s attorney may use expert witnesses to testify as to what the accepted medical standard of care is for that situation and how the defendant failed to meet that standard. The burden of proof in a medical malpractice case is higher for the plaintiff than it is for the defendant. This is why it is important for any potential plaintiff to consult with an attorney who is experienced in medical malpractice cases. An attorney may be able to help the plaintiff gather the evidence needed to prove their case and make sure that they meet the standard of proof.

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

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