對當事人之一方不利之舉證責任倒置不得阻礙當事人其他的舉證機會【寰宇醫事裁判】 試閱
A Reverse Onus Which Was Disadvantage to One of the Parties Shall Not Prohibit Any Other Opportunity to Present an Evidence
原告主張，被告因錯誤醫療行為導致原告健康損害，應負擔因此所生之損害賠償責任。本案判決區別了診斷錯誤與診療瑕疵，前者係基於錯誤解讀檢驗內容所生，後者則係並未從事應進行的檢驗或診療工作。此外，舉證責任固然只有在診療有重大瑕疵時始有倒置之可能，但對當事人之一方不利之舉證責任倒置不得阻礙當事人其他的舉證機會。
The plaintiff complained that the accused should afford the responsibility of compensation for damage because of wrong medical treatment which lead to the health damage oft he plaintiff. The difference between diagnostic error and examination error was presented in this judgement. The former was happened because of a wrong interpretation to the result of the examination and the latter meant that a supposed examination was not be undertaken. In addition, there was though a possibility to shift burden of proof to the other party, only when the examination error was extremely serious, a reverse onus which was disadvantage to one of the parties shall not prohibit him any other opportunity to present an evidence.
125-130
