Medical malpractice occurs when a healthcare professional is negligent in their provision of care, through misdiagnosis, medication errors, or other acts which cause illness or injury in a patient as a failure of the medical professional to perform their job duties. When a malpractice suit is brought against the healthcare provider, the burden of proving the malpractice is on the patient (or the person fighting on behalf of the patient). So what does that mean?

What is “burden of proof”?

In medical malpractice cases, the burden of proof is on the plaintiff. This means that the plaintiff and the plaintiff’s attorney have to provide sufficient evidence to prove that the defendant, the healthcare professional, committed negligence (that is, medical malpractice), rather than the defendant having to prove their innocence. This is the case in nearly all types of civil cases, that the burden of proof falls on the plaintiff, unlike criminal cases.

So how do I prove negligence?

Medical malpractice cases can be difficult to win for a lot of reasons, from complex medical terminology that the jury doesn’t understand to our innate desire to want to trust the ability and expertise of medical professionals. Hiring an experienced medical malpractice lawyer is crucial to your success. In many cases, expert testimony from another healthcare provider is also necessary.

Your attorney will obtain your medical records and information on the provider, as well as find a medical expert in the same field as the defendant to review the records and provide an opinion. The medical expert must identify specifically that the defendant acted wrongly and how the error caused injury to the plaintiff.

If you or a family member has suffered from medical malpractice, the experienced lawyers at the Epstein Law Firm can help you prove your case. Contact us today to discuss your situation.

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