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

How Much Do Lawyers Charge For Medical Malpractice?
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How Much Do Lawyers Charge For Medical Malpractice?

As a victim of medical negligence, you could be eligible for substantial compensation to pay for your economic and non-economic damages. If you are like many victims, though, you might be hesitant to file a claim or lawsuit, because you are worried about how much lawyers charge for medical malpractice. Perhaps you have the following

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What Are Some of the Most Common Reasons Why Legitimate Medical Malpractice Claims Go Unexplored?
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What Are Some of the Most Common Reasons Why Legitimate Medical Malpractice Claims Go Unexplored?

There are many common reasons why legitimate medical malpractice claims go unexplored. Every year, there are valid claims that people do not file, either by choice or for another reason. For help understanding if you have a valid medical malpractice claim, call the attorneys at Newsome Melton at 1-855-MED-ASKS. Why Are Some Legitimate Claims Never Explored?

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Defendant - News Articles

Miami-Dade Jury Finds Leon Medical Centers Liable for Botched Eye Surgery
29 sep
Miami-Dade Jury Finds Leon Medical Centers Liable for Botched Eye Surgery

It was September 2013 when Miguel Diaz and his wife, Esther Diaz, sat in the waiting room at one of the health clinics run by Leon Medical Centers in South Florida. Miguel Diaz still had postoperative bandages covering his right eye following his cataract surgery a few days earlier. Diaz was excited, but nervous for

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South Carolina Jury Finds Columbia Urological Associates Negligent; Awards Family $10,000,000
16 nov
South Carolina Jury Finds Columbia Urological Associates Negligent; Awards Family $10,000,000

In August 2010, Joann Shull Bannister and her husband were told by Dr. Philip Kinder that his team at Columbia Urological Associates were planning on surgically removing a lesion from her left kidney. The Bannisters were relieved when it was determined shortly thereafter that the surgery was unnecessary. According to a medical malpractice lawsuit, filed

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