Defendant & Plaintiff

Defendant & Plaintiff The plaintiff in a medical malpractice lawsuit is the party making an accusation, while the defendant is the doctor being accused of malpractice.

Medical malpractice law deals with the provision of healthcare, particularly as it relates to doctors and other healthcare providers violating the standard of care for their profession. If a patient decides to file for medical malpractice, they become the plaintiff in the case. On the other side is the defendant, or the provider being accused.

For more information on the defendant and plaintiff and medical malpractice law, contact Medical Malpractice Help today. Our medical malpractice lawyers can help if you believe you might have a case against a doctor or another healthcare provider. Call us at 855-633-2757 today.

What Does the Plaintiff Do in a Medical Malpractice Lawsuit?

The plaintiff is the party alleging medical malpractice and seeking compensatory damages from the doctor or healthcare provider. The plaintiff has the burden of proof in the case. In other words, they must prove that the medical malpractice they are alleging did indeed occur.

The Preponderance of the Evidence Standard

Medical malpractice cases use a standard of proof known as preponderance of the evidence. This means the evidence must show that the plaintiff’s allegations are more likely to be true than false. If the plaintiff can prove with at least a 50.1-percent likelihood that malpractice occurred, they should win their case.

If the plaintiff fails to meet the burden of proof, the court will most likely dismiss the lawsuit and not hold the defendant liable for damages.

What Is the Defendant’s Role in a Medical Malpractice Case?

The defendant is the party alleged to have committed medical malpractice. This party is called the defendant because they are in the position of having to defend themselves from the plaintiff’s charges.

Do I Need a Medical Malpractice Lawyer?

If you believe you were a victim of medical negligence and you decide to sue the doctor who was responsible, you are the plaintiff in the lawsuit, and the doctor who committed the alleged act is the defendant.

The defendant in your case will likely have their own legal representation. Given that most doctors and hospitals employ capable legal counsel, it is essential for you to work with a lawyer with experience litigating medical malpractice cases.

How Can I Speak to a Medical Malpractice Lawyer About My Case?

At Medical Malpractice Help, our attorneys focus on this area of law. We help patients recover the compensation they deserve when a doctor’s negligence causes harm. We offer free case evaluations to new clients, so you have the chance to ask questions and have your concerns addressed. To schedule an appointment, call our office at 855-633-2757.


Defendant - Frequently Asked Questions

Are Pulmonary Complications A Concern For Those With Locked-In Syndrome?
21 feb
Are Pulmonary Complications A Concern For Those With Locked-In Syndrome?

Because locked-in syndrome affects all voluntary muscles, including those that control breathing, pulmonary complications may be a concern for patients. Upon developing the condition, many patients must undergo a tracheotomy to have a breathing tube inserted, as they lack the muscle movement even to take a breath on their own. The constant immobilization caused by

Read More
18 aug
Can You File A Lawsuit For Emergency Room Negligence?

All medical facilities have a standard that they must follow to provide adequate care to patients. If injury to a patient is caused by negligence, an entire medical facility may be held responsible. In most medical malpractice cases, the doctor, nurse, or other medical professional on the case is held responsible, but sometimes the clinic,

Read More

Defendant - News Articles

18 oct
The Law of Medical Malpractice in Iowa: A Survey of Basic Considerations

The Law of Medical Malpractice in Iowa:  A Survey of Basic Considerations Iowa medical malpractice law is among the most complex legal practice areas.  The statutes, case law, and regulations governing medical malpractice law in Iowa are highly technical.  For instance, there are very strict and complicated filing deadlines that must be followed, or the injured

Read More
House of Representatives Votes to Drastically Limit Medical Malpractice Cases
21 jul
House of Representatives Votes to Drastically Limit Medical Malpractice Cases

House of Representatives Votes to Drastically Limit Medical Malpractice Cases At the end of June, the House of Representatives passed a bill to limit the amount of non-economic damages that can be paid out in medical malpractice cases to just $250,000.  Non-economic damages compensate for the human aspects of an injury or death—including the loss

Read More