Burden of Proof in a Medical Malpractice Case
Medical malpractice cases require the injured party, or plaintiff, to prove–by the greater weight of the evidence–that a healthcare provider was negligent and caused the plaintiff’s injuries, per Florida Statutes § 766.102.
This requirement, called the burden of proof, typically rests with the patient filing the lawsuit. Another way to describe it is that a plaintiff must have a more persuasive case, even if just slightly. A Florida medical malpractice lawyer can help explain the burden of proof and evidence requirements for medical malpractice claims.
What is the Burden of Proof in Medical Malpractice Lawsuits?
As noted above, plaintiffs must prove their case by the greater weight of the evidence. Said differently, their evidence needs to tip the scale in their favor. Meeting the burden of proof in a medical malpractice case involves gathering sufficient evidence to prove the medical practitioner failed to meet the standard of care for their field.
Standards of care in the medical field often vary depending on the practitioner’s position and field of specialization. For example, an obstetric nurse will have different responsibilities from a brain surgeon.
In general, the standard of care is the level of care a reasonable and competent medical professional with the same level of experience and background would have provided under the conditions that led to the malpractice incident.
What Are the Four Elements of Medical Negligence?
A medical malpractice case is built on four basic elements:
Duty of Care and the Standard of Care
In healthcare settings, doctors, nurses, and staff have certain responsibilities to their patients. Generally speaking, they must provide medical care consistent with the standard of care for their field. A standard of care essentially sets a benchmark for care in that specific profession in similar circumstances. Essentially, we must ask if another provider would have made the same or different choices in your situation.
To prove duty of care in a medical malpractice case, you must show that you had a professional relationship with the medical provider with the mutual understanding that they were providing medical care. Typically, this means showing you were a patient at the hospital or other medical practice where the negligent practitioner treated you. You could not, for example, sue a doctor friend who suggested a medical diagnosis in a casual setting. If you are not their patient, they do not necessarily have a duty of care to you.
Breach of Duty
Once you establish that the doctor or other healthcare provider had a duty of care to you, you have to show that they breached that duty. This is where the standard of care becomes critical. You must gather evidence to show that the practitioner did not act in accordance with the accepted standards of diagnosis and treatment in their field.
For instance, if your doctor failed to conduct appropriate diagnostic tests based on your condition, you could prove that they breached their duty of care. Similarly, if a doctor misdiagnosed you or ordered incorrect treatment, it could be considered a breach of duty. As the plaintiff, the burden of proving negligence rests on you to prove this breach of the duty of care.
Causation
Causation in medical malpractice claims is a challenging topic. Your case must establish that the healthcare provider’s breach of the duty of care caused your injuries or illness. In a medical malpractice case, causation is especially difficult to prove because you have to show that the injury would not have occurred without the medical provider’s negligence.
Certain factors can affect your ability to prove the medical professional’s negligence caused your losses. Circumstances that could complicate proof of causation include:
- The patient took actions that may have contributed to the injuries
- Multiple factors contributed to the patient’s injuries
- The injury might have occurred even without the medical practitioner’s negligence
The burden of proof for causation is often the most difficult aspect for the plaintiff. Typically, patients seek medical testimony to show that the medical provider’s negligence substantially contributed to the patient’s injuries.
Damages
The final element of a medical malpractice claim is proving damages. You must be able to prove that you suffered significant losses because of the injuries caused by medical negligence.
Damages for medical malpractice claims often include medical bills for diagnosis, treatment, and rehabilitation related to your injuries. You could also seek financial compensation for lost income and reduced income potential if your ability to work was affected by your injuries.
In addition to these economic damages, you have the option to pursue non-economic losses like pain and suffering, loss of enjoyment, emotional distress, and diminished quality of life. The burden of proof lies with the patient to prove the losses they suffered due to medical malpractice. Personal injury lawyers who have experience with medical malpractice cases can support your claim for damages and establish these elements when they represent your Florida case.
What Evidence Meets the Burden of Proof for Medical Malpractice?
The burden of proof in a medical malpractice claim is met by providing evidence in favor of each of the four elements. Evidence can vary depending on the circumstances of your case, and high-quality evidence is crucial.
Examples of evidence you could use to prove negligence include:
- Medical records, including diagnostics, imaging, doctor’s notes, prescriptions, and treatment plans
- Medical expert testimony regarding your injury severity, causation, and impairments
- Medical expert opinions regarding standards of care, duty of care, and violations of care
- Economic expert testimony regarding your current and future losses due to the medical malpractice injury
- Financial records, invoices, and receipts documenting your economic losses
- Journals, logs, and therapist testimony about the injury’s physical and mental impacts
A medical malpractice attorney can help collect this evidence and obtain reports and testimonies from witnesses and experts who can support your claim.
A Medical Malpractice Attorney Can Help You With the Burden of Proof
Establishing causation and the other elements of medical malpractice can be complicated and overwhelming, especially when you are recovering from an injury. Consider working with a medical malpractice lawyer with experience handling cases like yours. Freidin Brown, P.A.’s medical malpractice attorneys have the time, expertise, and attention to gather the evidence you need.
We understand the importance of quality evidence when meeting the burden of proof in medical malpractice cases. With over 100 years of combined experience, our legal team is more than qualified to negotiate for fair compensation on your behalf. Let us leverage our extensive medical malpractice and civil litigation experience to get the money you need for recovery.
Contact Freidin Brown, P.A. today to schedule a free consultation.
