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 888-261-5614 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 888-261-5614.
Defendant - Frequently Asked Questions
Tort reform is any law passed that either changes tort law, or changes the process of seeking justice, but the majority of changes fall under four categories. Non-economic Damage Caps These caps limit the large amounts awarded if the damages do not affect economic status. Proponents state this will realign the damage awards with the
Read More The increase in the number of breast augmentations performed has also led to an increase in the number of breast implant malpractice claims. When a patient is seriously injured or dies as a result of breast augmentation surgery, it is possible that malpractice has occurred. Potential Breast Implant Injuries There is always a risk involved
Read MoreDefendant - News Articles
On April 9, 2008 Monica Broughton consented to her doctor’s recommendation that they induce labor. Broughton had just learned that she had developed diabetes during her pregnancy. She had also recently been told that her unborn son’s shoulder was stuck behind her pelvis. She never considered an alternative, especially because, according to the lawsuit, Wong
Read More
What was supposed to be the happiest day of Marla Dixon’s life turned into the worst because of the alleged negligence of the on-call OB/GYN, which led to the severe brain damage of her child, Earl Jr. After a two-week trial in federal court, U.S. District Judge Robert Scola found in favor of Dixon and
Read More