• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Birth Injury Lawyers Alliance

Just another WordPress site

Contact a Birth Injury Lawyer
For a Free Consultation
TOLL FREE: 1-800-300-BILA (2452)
  • Home
  • Birth Injuries
    • Cerebral Palsy Lawyer
    • Hypoxic Ischemic Encephalopathy (HIE) Lawyers
    • Jaundice, Kernicterus & Hyperbilirubinemia
    • Hypoglycemia
    • Shoulder Dystocia
    • Failure to Progress During Labour and Delivery
    • Negligence in Antenatal (Prenatal) Care
    • Other Birth Injuries
  • Legal Team
    • Alliance Lawyers
    • In the Community
    • How to Become Involved
    • Office Locations
      • British Columbia
      • Edmonton
      • Manitoba
      • Nova Scotia
  • Lawsuits
  • Case Results
  • FAQ
  • Support
  • Blog
  • Contact
  • Home
  • Birth Injuries
    • Cerebral Palsy Lawyer
    • Hypoxic Ischemic Encephalopathy (HIE) Lawyers
    • Jaundice, Kernicterus & Hyperbilirubinemia
    • Hypoglycemia
    • Shoulder Dystocia
    • Failure to Progress During Labour and Delivery
    • Negligence in Antenatal (Prenatal) Care
    • Other Birth Injuries
  • Legal Team
    • Alliance Lawyers
    • In the Community
    • How to Become Involved
    • Office Locations
      • British Columbia
      • Edmonton
      • Manitoba
      • Nova Scotia
  • Lawsuits
  • Case Results
  • FAQ
  • Support
  • Blog
  • Contact
Call
Contact
Blog

What is the burden of proof in medical malpractice claims?

It is human nature when something terrible happens to a baby to think that someone should be held responsible. But the most important thing you need to remember in any birth injury claim is that the plaintiff (you) bears the burden of proof.

So how much evidence do you need to provide to meet the burden of proof?

Most people who watch television or the movies are familiar with the expression: “proof beyond a reasonable doubt”.

That is NOT the burden that applies in medical malpractice claims for compensation; it is the burden that applies to criminal prosecutions.

In a medical malpractice claim, the plaintiff (you) bears the burden of proof: “on the
balance of probabilities”. In other words, is it more likely than not that the doctor was negligent and that the negligence caused your baby’s injuries.

So what does that mean? The easiest way to think about this is to consider a pair of scales.

All the evidence for your claim is placed on one side of the scale. All the evidence against your claim is placed on the other side of the scale.

As long as the scales tip, even a little bit, to the side for your claim, then you have met the burden of proof on the balance of probabilities.

Primary Sidebar

SEND ME A FREE E-BOOK

  • It’s packed with great information!

Practice Areas

  • Cerebral Palsy Lawyer
  • Hypoxic Ischemic Encephalopathy (HIE) Lawyers
  • Jaundice, Kernicterus & Hyperbilirubinemia
  • Autism Caused by Hypoxic Ischemic Encephalopathy (HIE)
  • Hypoglycemia
  • Brachial Plexus Injury Lawyer
  • Delayed Diagnosis of Heart Defects
  • Brachial Plexus & Erb’s Palsy Injury
  • Failure to Diagnose or Treat Preeclampsia
  • Fetal & Neonatal Stroke
  • Negligent Resuscitation of a Newborn
  • Meconium Aspiration Syndrome Lawyer
  • Newborn Infections
  • Periventricular Leukomalacia (PVL)
  • Trauma from Forceps & Vacuum
  • What is Whole Body Cooling?
  • Twin to Twin Transfusion Syndrome

Footer

Quick Links

  • Types of Birth Injuries
  • Legal Team
  • Case Results
  • Lawsuits
  • FAQ
  • Support
  • Blog
  • Contact

Canada Birth Injury Lawyers

TOLL FREE: 1-800-300-BILA (2452)

Sign-up And Get Notified Every Time We Post!

Copyright © 2021. Birth Injury Lawyers Alliance of Canada. All Rights Reserved.

Site Map|Privacy Policy|Terms of Use