Proof necessary to win a case

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Updated: 4/13/2007 3:36 pm
For the plaintiff to sustain the required burden of proof in a medical malpractice case, they must prove that the defendant health care provider committed acts of negligence and is liable for their injuries along with proving that they have suffered adequate damages for which they should be compensated. To provide adequate proof, they must be able to prove to a judge or jury: that some negligent act committed by the defendant caused a medical condition which resulted in damages. A medically recognized problem existed which the defendant should have properly diagnosed and/or treated. That defendants failure to act within an acceptable standard of care caused and/or contributed to the severity of their injuries. The prognosis for recovery was affected by the defendant's conduct. A disabling injury resulted. And, a definable physical, emotional and monetary injury occurred, causing damages.

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