Posted by Richard Shallcross
In medical malpractice cases, the burden is on the plaintiff to establish, by a preponderance of the evidence, that the defendant was the cause of the plaintiff’s injury. This simply means that the plaintiff must prove that it was more likely than not that the defendant’s actions caused the plaintiff’s injury. This may be especially hard to do in cases where the plaintiff alleges that the injury is one that might ordinarily be the expected result of the original disease or condition; that is, where the plaintiff is basically alleging a failure to cure.