Page 12 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

The burden in a criminal action is considerably higher than in a

civil action. Preponderance of the evidence means a greater
weight of the evidence, or more likely than not. In its simplest

form, consider a balancing scale (such as the scales of justice)

tipping in favor of one side, or a football player crossing the 50-
yard line. If the evidence is even slightly in favor of the plaintiff,

the plaintiff should prevail. However, if the evidence is equal
(the scales are perfectly balanced or the football player only

reaches the 50-yard line), the plaintiff has failed to meet his or

her burden of proof and the case should be dismissed.

The ‘beyond a reasonable doubt’ standard in criminal
prosecutions is higher than the 51 percent in civil cases,

although it is not as easily defined in percentages as the civil
‘preponderance of the evidence’ standard and its meaning will

typically vary from juror-to-juror. Fortunately, we do not have to
worry about the criminal burden of proof in civil malpractice

cases.

Regardless of whether you receive notice, a claim, or a lawsuit,
you should report it immediately to your professional liability

carrier and/or risk manager. As will be discussed throughout

this course, the earlier you report a claim or potential claim, the
better prepared your defense can be in the event a lawsuit is

filed. At SVMIC, we strongly encourage our policyholders to

report all events that might lead to a claim or lawsuit to our
Claims Department. This could include an unexpected adverse

outcome, a patient’s verbal threats to “get a lawyer”, or a
known medical error. We do not penalize our policyholders for

reporting potential claims – we encourage it.

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