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
Medical errors are a leading cause of death in the United States. Although some errors are unavoidable, a large number are preventable, meaning many patients lose their lives each year due to medical malpractice. If someone dies from medical malpractice, their family members can recover damages to pay for their losses. If your loved one
Read More
Cerebral palsy is not a single disorder but rather an umbrella term used to describe a broad range of neurological abnormalities, affecting movement and posture that first occur in the fetal or infant brain. Importantly, these movement disorders may be accompanied by disturbances in sensation, cognition, communication and behavior. While the phrase “cerebral palsy” is
Read MoreDefendant - News Articles
Pennsylvania Surgeon Found Negligent for the Death of Thomas A. Natale; A Mercer County Jury Awards Family $5.1 Million Nearly a decade ago, Thomas A. Natale Jr. was standing on the back of a truck at work when he lost his balance and began to fall. Natale tried to brace himself before he hit the
Read More
In the vast world of medical treatments and procedures, doctors and healthcare professionals are expected to provide care that meets specific standards. However, when those standards are not met, patients may suffer unnecessary harm, leading to significant financial, emotional, and physical consequences. In such scenarios, it becomes crucial for victims to seek compensation. To
Read More