In this section, we will discuss evidence. There are many different kinds of evidence in a legal case. Medical malpractice cases in particular present alot of challenges in both gathering the evidence and presenting it before a medical review panel and/or at trial. Evidence is probably the single most important aspect of a medical malpractice case being brought on behalf of a patient. This is because as the person bringing the suit, (also known as the plaintiff), the patient has the burden of proving every single element of the case by a preponderance of the evidence. The defense does not have to prove anything and if the jury believes that the case is a tie, the plaintiff loses.
Experience in gathering and presenting evidence in a medical malpractice case may mean the difference in winning the case and losing the case.