In a medical malpractice lawsuit, who has the burden of proof for medical malpractice?

In a medical malpractice lawsuit, the patient plaintiff carries the burden of proof. This means that it is the responsibility of the patient to provide enough evidence to support their claim of negligence or wrongdoing against a healthcare provider. Typically, the plaintiff must demonstrate that the healthcare professional had a duty to care for the patient, that this duty was breached, and that this breach directly caused harm or injury to the patient.

This principle upholds the patient's role in establishing the validity of their case, as they are alleging that the healthcare provider did not meet the required standard of care. In contrast, other parties involved, such as the technologist, hospital risk manager, or the defense lawyer, are not required to prove anything unless they are countering claims made by the patient. Instead, they may provide evidence or defenses in response to the allegations made by the plaintiff. This foundational aspect of medical malpractice suits underscores the significance of the patient's claims and the necessity for them to substantiate their case.