VJUSMLE
Forum Newbie
Topics: 1
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Hi Guys, I am reading behavior sciences on first aid and one of the paragraphs talking about malpractice says
[Unlike a criminal suit, in which the burden of proof is ' Beyond a reasonable doubt" the burden of proof in malpractice suit is "more likely than not"]
can someone help me undderstand this paragraph, because i am not sure I am understanding what they are saying.
Thanks
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| Jackofknives
Ipwnpoker.com
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LOL it rhymes. sorry cant help you, im not a lawyer.
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| silver
Forum Guru
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i'm not a lawyer either, but i think what they're trying to get at is that in criminal suits hard evidence and definitive proof can be found and is factual. however, in malpractice suits most times the evidence that is brought in front of the judge is not definitive and usually made up by the patient just as a way to find some easy money. usually malprac. suits in the US are like that
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| silver
Forum Guru
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well, just asked a lawyer, and was told that the phrase 'more likely than not' actually means in all money-related lawsuits that there is more likely a chance that it happened regardless of how factual the evidence is. something called 'preponderance of evidence' which means that in criminal suits, like murder for example, the judge or jury have to be convinced 100% that it happened. in malprac. there might be a 70% chance it happened and 30% that it didn't and that's what makes it 'more likely than not'. therefore, patient gets compensated monetarily. the judge or jury doesn't have to be convinced 100%--even 70% is enough.
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| paheli
It'sAllAboutGoodKarma
Topics: 177
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how unfair, huh. 
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