As an amateur courtwatcher I had the impression it's something like 2/3 certainty vs. 9/10. The civil court could afford to be looser (up to now) because the issues were over things like money and property, things which may hurt to lose, but one still lives. Now, the standard which was required to overturn Aunt Martha's will about who gets the antique coffee table, is being used to invalidate the LIFE of a profoundly disabled person.
How DARE you question the wisdom and integrity of the system. A score of judges have agreed with Greer, this is as a matter of certain fact the right outcome. (/sarc)