Are you more likely right than wrong? Proving a medical malpractice case in New York

When you bring a civil lawsuit in New York, the burden of proof is on us to prove your case at a trial. What exactly is the “burden of proof?” It is that level of proof that is known as the “preponderance of evidence.”

Well what exactly does that mean?

It means that we have to show that we are more likely right than wrong. It means that we only have to tip the scales ever so slightly in our favor in order for a jury to award a verdict in our favor. You may be familiar with the burden of proof in a criminal trial which requires that a prosecutor prove their case “beyond a reasonable doubt.” That is an extremely high burden for the prosecutor to meet, and does not apply in civil cases.

Civil cases do not require that jurors debate endlessly to make absolutely sure that what an injured victim is claiming is correct. Instead, we need only show that your claim is more likely right than wrong. Once a jury determines that what we are trying to say is more believable, then they are required to render a decision in our favor.

But what exactly does the jury have to do in order to render a verdict in our favor?

Juries are provided with specific questions that they must answer at the end of a trial. This is known as "jury interrogatories." In a medical malpractice trial here in New York, the first question a jury will generally be asked is whether there was a departure from good and excepted medical care. If the answer is “yes,” then the jury has to determine whether that departure was a substantial factor in causing injury.

If the answer is “yes,” then they proceed to the next series of questions concerning how much compensation to award to the injured victim. While there are many variations of questions that a jury can answer, generally, they are asked to consider how much to award for past pain and suffering, as well as future pain and suffering. In addition, if there is a claim for lost earnings they will be asked how much money this individual has lost in earnings and over what period of time it's going to apply for. There can also be claims for economic losses as well as medical expenses.