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
If you are suffering from opioid withdrawal, you do not need to suffer in silence. There are treatment options available to help ease the pain and shame associated with opioid withdrawal. Drugs Used to Treat Opioid Withdrawal If you are experiencing withdrawal from prescribed opioids, such as Vicodin or Oxycontin, there are several drugs available
Read More
If My Condition Got Worse Due to My Doctor Failing to Refer Me to a Specialist, Do I Have a Malpractice Case? If you have a health condition that has worsened over time because your doctor failed to refer you to a specialist, you may have a valid medical malpractice case. When problems with a
Read MoreDefendant - News Articles
Family Files Malpractice Lawsuit Against Texas Hospital over Alleged Cover Up Early in 2015 Cris Chapa brought her mother, Manuela Chapa, to the Kindred Hospital located in Sugar Land, Texas. Manuela, then 87, was suffering from pneumonia and her condition was worsening. So the Chapa family was not shocked when they were called in to
Read More
Levaquin is an antibiotic that, although used for many decades, caused severe harm to many people. The drug’s historical use was to treat respiratory infections, urinary tract infections, and some skin infections. Read on for what you need to know about the Levaquin lawsuit. The Levaquin lawsuits arose because people eventually realized that the antibiotic
Read More