§ 27-6 Medical Malpractice - Absence of Presumption of Negligence

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 27-6 Medical Malpractice - Absence of Presumption of Negligence

Negligence on the part of a physician is not presumed, but must be affirmatively proved. The burden of proof is on the plaintiff to prove his case by the preponderance, or the greater weight, of the evidence. In the absence of evidence to the contrary, it will be presumed that a physician has fully discharged his duty to the patient, including the exercise of reasonable care and skill in his treatment.

A bad result or failure to cure or diagnose properly is not, by itself, sufficient to raise an inference or presumption of negligence on the part of a physician. If you find that the defendant in this case used due care and skill in treating the patient, and that the physician followed recognized medical procedures, and that despite this, the patient suffered damages or injuries, the fact of injury or damage...