The Burden Of Proof In Medical Malpractice Lawsuit

The burden of proof is the patient’s responsibility to prove; this means that the patient has to prove that their medical care failed to meet certain standards and was the result of several of other complications. The patient has to show that more likely than not, or that over half of the evidence presented in the trial, points towards the claim of medical malpractice. The following elements must be shown…

Duty of care owed:

  • The patient has to clearly demonstrate that they had a defined doctor-patient relationship, which warranted that doctor provide a duty of care

Duty of care breached:

  • The patient has to show that the duty of care owed was breached in some way. This typically requires a patient to prove that their medical treatment was below the applicable standard of care, and therefore negligent

Proximate cause:

  • A patient has to show that their damages are the direct or indirect cause of the negligence


  • A patient has to give practical damage claims, or requests for compensation in light of their injuries, losses, or any other harm



If you or someone you know have been injured due to an Ohio medical malpractice, contact our Toledo, Ohio personal injury lawyers at toll-free to set up a free case evaluation.

Charles E. Boyk Law Offices, LLC