Medical malpractice is a tort or wrongdoing where a health care practitioner falls short of the standard of care, resulting in patient injury or death. Medical malpractice is a complex area of personal injury law in Minnesota. Learn about the burden of proof and legal elements that must be demonstrated to find out if you have a claim.
What Burden of Proof Must Be Met to Win a Medical Malpractice Case?
The burden of proof in a legal claim refers to the responsibility that a party has to prove the truth of what he or she is claiming. In a medical malpractice claim, the burden of proof rests with the plaintiff or filing party. This is typically the injured patient or his or her legal representative.
The burden of proof in a medical malpractice claim is by a “preponderance of the evidence,” which means more likely to be true than not. To win a medical malpractice case, the plaintiff must prove that the physician’s lack of proper care caused the injury with a certainty of at least 51 percent.
What Is the Burden of Proof in Medical Malpractice Cases?
What Are the Elements of a Medical Malpractice Case?
A doctor, surgeon, dentist or another health care practitioner could be guilty of medical malpractice if a reasonable and prudent medical professional would have done things differently in the same or similar circumstances. This is essentially professional negligence, or the failure of a health care provider to act with the proper amount of care.
To prove medical malpractice, a victim must establish four main elements:
- Duty of care. A doctor-patient relationship existed between the defendant or at-fault party and the plaintiff, placing a legal responsibility on the doctor to act according to professional standards of care.
- Breach. The defendant behaved in a way that violated the required standards of patient care, such as making a careless misdiagnosis or reckless surgical error.
- Causation. The defendant’s medical malpractice was the direct cause of the patient’s injury, illness, infection, worsened condition or death.
- Damages. The plaintiff suffered compensable harm as a result of the defendant’s negligence, such as long-term disability, additional medical costs or the wrongful death of a loved one.
These are the four elements of negligence, and they provide the legal basis for most medical malpractice cases in Minnesota.
Types of Evidence to Gather for a Medical Malpractice Case
Meeting the burden of proof for a medical malpractice claim in Minneapolis requires evidence. The stronger your evidence, the higher your odds will be of holding a physician responsible and achieving a settlement or judgment award.
Evidence that may be available to prove a medical malpractice claim includes:
- Medical records and treatment documentation
- Testimony from appropriate medical experts
- Eyewitness accounts and statements
- Photographs or video footage
- Letters from a doctor or nurse
- Proof of injuries or damages
- Certificate of Merit (required in Minnesota)
Medical experts with specialized knowledge of the defendant’s field of medicine can be instrumental in meeting the burden of proof for a medical malpractice claim. An expert witness can help you prove to a judge or jury that the care you received was below accepted medical standards.
If you need assistance gathering evidence to meet the burden of proof in your case, contact a local Minneapolis medical malpractice attorney at Goldenberg Lauricella, PLLC. We offer free consultations.