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What Is Burden Of Proof In An Illinois Medical Malpractice Claim?

On Behalf of | Medical Malpractice

A medical malpractice lawsuit is sometimes an appropriate reaction to an unfavorable treatment outcome. When patients believe that a physician’s negligence or mistakes worsened their prognosis or when families blame a medical professional for someone’s death, pursuing a malpractice lawsuit might seem like a reasonable solution to an untenable situation.

Successful medical malpractice lawsuits lead to compensation for the parties affected by the incident and can also create economic and professional penalties for those who contributed to the situation. The plaintiffs seeking accountability in a medical malpractice lawsuit have a burden of proof that they must meet to prevail in court and secure compensation.

What is the burden of proof in an Illinois medical malpractice claim?

Plaintiffs must establish certain facts in court

Securing compensation in a medical malpractice lawsuit requires that the plaintiff establish certain key facts, typically with the help of an attorney. To convince the courts that someone deserves compensation due to medical malpractice, the claim needs to meet several legal standards.

First of all, the plaintiff must show that the medical professional or facility did something negligent. Negligence can entail either doing something that reasonable professionals recognize as unsafe or failing to do what others know is necessary for safety. Additionally, plaintiffs must show that they suffered injuries with provable losses because of the incident.

Finally, the plaintiffs must connect the negligence to the losses that triggered the medical malpractice lawsuit. While that can seem like an insurmountable obstacle for those without medical training, it is possible for people to obtain compensation successfully in court.

Unlike criminal trials, the standard for proof during civil litigation is lower. Plaintiffs and their lawyers only need to establish that a preponderance of the evidence supports their position. In other words, more than half of the available documentation should affirm the claim that the healthcare provider did something negligent or failed to do what was necessary for the safety and well-being of a patient.

Those who partner with lawyers and who obtain professional evaluations by unaffiliated medical professionals can theoretically meet the burden of proof necessary to successfully bring a medical malpractice lawsuit against a negligent physician. Learning more about Illinois malpractice rules may benefit those who blame healthcare professionals for injuries and medical setbacks.