What Is the Burden of Proof in Medical Malpractice Cases?

When a healthcare professional deviates from established standards of care for their profession, their patients can suffer for it. When incidents of malpractice occur, ill or injured patients may be able to take legal action to get justice and adequate compensation.

However, if you wish to take a medical malpractice case to court, you should know that the burden of proof is your responsibility. What is the burden of proof in medical malpractice cases? Learn how you and your attorney can prepare for legal proceedings.

Burden of Proof: The Legal Definition

In legal terms, the burden of proof refers to the obligation a party bears to prove the claims they make in court. In the context of medical malpractice cases, this burden typically falls on the plaintiff, who is often the patient.

The plaintiff must provide convincing evidence that the healthcare professional did not adhere to the generally accepted standards of practice in the medical community. They must demonstrate that the healthcare professional’s negligence directly resulted in their injury or harm. For example, if you recently delivered a baby who has an injury or illness, an Idaho birth injury attorney may help you build a case.

The Four Pillars of Proof

To add credence to your argument that the defendant committed medical malpractice, you and your attorney will need to prove four things.

Duty

First, you will need to provide evidence that the defendant owed you a certain standard of care. Whether they are a physician, a surgeon, or a nurse, you must prove that your care was in their hands.

Breach

Next, you and your attorney will present evidence that the defendant violated, or breached, that duty of care. That breach can be a harmful action or a pattern of negligence and inaction.

Causation

This element is often the trickiest to prove in court—you’ll need to link the defendant’s actions or inactions directly to the harm you suffered.

Damages

Finally, you and your attorney must present evidence that you experienced physical, emotional, and financial damages as a result of the alleged malpractice.

Common Challenges

Plaintiffs face a variety of common roadblocks as they attempt to meet the burden of proof. Medical malpractice cases often involve complex scientific knowledge that can be difficult for a layperson to understand, and evidence needs to be presented in an accessible way. Expert witnesses can help by explaining the expected standard of care and how the defendant deviated from it.

As briefly discussed before, proving causation poses another significant hurdle. Plaintiffs must show not only that the healthcare professional breached their duty of care, but that the breach directly caused them harm. However, patients often have pre-existing health conditions that make it challenging to pinpoint whether the harm was caused by malpractice.

The burden of proof in a medical malpractice case plays a crucial role in shaping the outcome of the lawsuit. That burden rests on the shoulders of the plaintiff to establish the truth of their claim. It may seem daunting at first, but understanding the concept empowers patients and their families to stand up for their rights and hold healthcare professionals accountable.