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

Locked-in syndrome is not immediately fatal on its own. But it generally leads to medical complications that shorten the lives of affected persons. According to a study published in the Orphanet Journal of Rare Diseases (OJRD), even a locked-in syndrome patient who is medically stable has only a 40% chance of living another 20 years,
Read More
Some patients with locked-in syndrome retain a sense of touch despite their global paralysis and inability to communicate verbally. Others, however, lose all sensory function in their torso and lower body. In incomplete injuries, patients may experience sensory losses on only half their body or otherwise retain only a partial sense of touch. When a
Read MoreDefendant - News Articles

This week, the Georgia Supreme Court heard a medical malpractice case involving the death of 15-year-old Shaquille Johnson. Shaquille Johnson’s death was caused by blood clots in his lungs, which his attorneys argue were missed due to improper testing. The Albany Herald reports that Thelma and Sheldon Johnson sued the attending emergency room physician, Dr.
Read More
Suspended Washington State Naturopath Physician Allegedly Continues Practice In October 2012, Brian Hirsh contacted Lucinda Messer, while searching to find an alternative treatment option for his colon cancer. Messer admitted Hirsh in to the Goddess Sanctuary, her former naturopathy retreat that was located in Kirkland, WA. But Hirsh’s estate claims that he entered on false
Read More