M Civ JI 30.03 Burden of Proof

The plaintiff has the burden of proving:

(a) that the defendant was professionally negligent in one or more of the ways claimed by the plaintiff *(as stated in these instructions)

(b) that the plaintiff sustained injury and damages

(c) that the professional negligence or malpractice of the defendant was a proximate cause of the injury and damages to the plaintiff

Your verdict will be for the plaintiff if the plaintiff has proved all of those elements.

Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

History

M Civ JI 30.03 was added February 1, 1981. Amended January 2020, October 2023.

Notes on Use

*If the parties waive the court’s reading of the theories of the parties (see M Civ JI 7.01, Theories of the Parties), the court should delete the phrase in parentheses.