Does Your Medical Malpractice Claim Meet the Burden of Proof?

By September 6, 2016Medical Malpractice

Proving Medical Malpractice in St. Louis

When one files a medical malpractice claim, the burden of proof is on the plaintiff (the injured party). In order to successfully bring a medical malpractice claim to the courts, you must convince the judge, jury, or insurance claims adjuster that your suit is not only valid, but that the settlement demand is appropriate for your injuries and losses. This requires you to prove that the defendant’s negligence was the cause of your accident and injuries.

The Proof by a Preponderance of Evidence

Proof by a preponderance of evidence is a burden that the plaintiff carries in a malpractice claim. You must show more likely than not that your case is stronger than the case that the defense is creating. This is not the same as proof beyond a reasonable doubt (which is used in criminal trials). Civil trials do not require proof beyond a reasonable doubt. In those cases, the scales must be tipped for one side by 99 percent in order for a jury to convict or exonerate a person. In a civil trial, you need to have the judge or jury believe your evidence is true more likely than not

Credible Evidence that Helps Meet the Burden of Proof

Some evidence that you may be able to present at trial includes:

Medical Statements – In order to establish that a doctor or hospital was liable for your injuries, you must first establish that there was a professional relationship, such as a doctor-patient relationship. To establish the relationship, you will need to show medical bills or statements wherein the accused physician has billed you or your insurer for services rendered.

Medical Records – The bulk of your case will lie inside your medical records. This can include testing, results from lab work, notes from doctors and other healthcare professionals, etc.

Witness Testimony – In a medical malpractice case, you must prove that the defendant deviated from the standard acceptable practice of others in a similar field. This means that you must have a physician or healthcare professional who practices in the same or similar capacity testify that he or she would have acted differently. For example, if you are suing a pediatrician, you must have another pediatrician or physician who treats children assess the case and testify. You cannot have a cardiac surgeon testify how he or she would have acted in the same situation as a pediatrician.

Carey, Danis & Lowe Attorneys at Law – Expert St. Louis Medical Malpractice Attorneys

If you have been injured because of a physician or health care professional’s negligence, you may be entitled to compensation. First, contact a medical malpractice attorney in St. Louis to have your case assessed during a free consultation. The team at Carey, Danis & Lowe Attorneys at Law understands what you are going through and can help. Schedule with us by calling 877-678-3400, or request your consultation online.