Page 11 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

A medical malpractice lawsuit – a civil action filed by

(a) private citizen(s) grounded in the principal of

negligence – i.e., the physician’s actions were
unreasonable (or below the standard of care) under

the circumstances.

Because a malpractice lawsuit is a civil action, the only remedy

the plaintiff can obtain is monetary damages. This differs from
5
a criminal action where the consequences can be

incarceration, fine, or both. Criminal actions are initiated by a
governmental entity asserting that the defendant violated the

statutory criminal laws of the state or federal government.

Another significant
difference between a

civil action and a

criminal action is the
burden of proof. In a

civil lawsuit, the plaintiff

must establish his or her
case by a

preponderance of the
evidence to meet the

burden of proof. In a criminal action, the prosecution must
establish the defendant’s guilt beyond a reasonable doubt.

5 Plaintiff is the person or entity asserting the claim for compensation in a civil lawsuit – in a medical
malpractice action, the plaintiff is the patient or patient’s representative.

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