In healthcare liability cases, who primarily bears the burden of proof?

In healthcare liability cases, the burden of proof primarily falls on the patient. This means that it is the patient's responsibility to provide evidence that supports their claims against the healthcare provider. Typically, this involves demonstrating that the provider deviated from the accepted standard of care, which resulted in harm or injury to the patient.

Patients must establish not only that negligence occurred but also that it was the direct cause of their injuries. This principle is part of the legal concept known as "prima facie," where the plaintiff (in this case, the patient) must present sufficient evidence to support all elements of their claim before the case can proceed.

While healthcare providers must respond to the allegations and may need to provide their own evidence or witnesses to counter the patient's claims, the initial burden lies with the patient to prove their case. This standard helps to maintain a framework within which healthcare providers can practice, knowing they have legal protections unless clear evidence of negligence is presented against them.