What is the Burden of Proof Needed for a Physician to be Civilly Liable?
The burden of proof is the responsibility of the plaintiff to prove that the defendant is liable for the damages they have suffered. In the case of a physician, the burden of proof is the same as any other defendant. The plaintiff must prove that the physician had a duty to provide care, that the physician breached that duty, and that the breach of duty caused the plaintiff’s damages.
In the case of a physician, the duty to provide care is established by the doctor-patient relationship. This relationship is based on the doctor’s professional knowledge and expertise, and the patient’s trust in the doctor’s judgement. The doctor is expected to use their professional judgement to provide the best care for the patient. If the doctor fails to do so, then they have breached their duty to provide care.
Once the existence of a duty has been established, the plaintiff must still prove the breach of duty and the causation. The plaintiff must show that the doctor’s actions or inactions caused the injury or damage to the plaintiff. The plaintiff must provide evidence that the doctor’s actions or inactions were the direct cause of the injury or damage.
If the plaintiff is able to prove that the doctor breached their duty to provide care and that the breach caused the plaintiff’s damages, then the doctor is liable for those damages. He is liable for only those that are a consequence of a breach of his duty. Hence, if there is no breach or the breach did not cause the damage, the doctor will not be liable.
The burden of proof for a physician to be civilly liable is the same as any other defendant. The plaintiff must prove that the physician had a duty to provide care, that the physician breached that duty, and that the breach of duty caused the plaintiff’s damages. If the plaintiff is able to prove these elements, then the doctor is liable for the damages.
