Frequently Asked Questions

 

Q: What must I prove in my case?

A: At trial, the plaintiff has the burden of proof. The plaintiff must prove all of the following: (1) the standard of care in effect at the time of the alleged malpractice; (2) that the defendant health care provider breached the standard of care; (3) that as a direct result of the breach(es) in the standard of care, the plaintiff was injured; and (4) what injuries (damages) were suffered as a result. If the plaintiff fails to prove any of these elements, then the Judge presiding over the trial may prevent the case from going to the jury for deliberations.