Duty of Disclosure Outside the Main Claim and Burden of Proof in Criminal Procedure
It belongs definitely to burden of proof by prosecutors during criminal procedure to prove the fact the physician didn’t disclose. How high could the grad of proving though be if the physician as the accused had disclosed the fact and hold a disproof? Is it similar with burden of proof by prosecutors? Even though the duty of disclosure by the physician is regulated according to Paragraph 81 Medical Care Act the range of disclosure is still unclear. Does it limit to the syndrome the patient asked and mainly claimed? If the facts that the physician didn’t disclose information and didn’t obey the duty of care have proven by the prosecutor, then does it lead definitely to the obligation of negligent causing death or injury? Are there any other element to be taken into consideration? A case would be firstly introduced in this essay to explain the duty of disclosure and burden of proof. Then an opinion about the physician breaking the duty of disclosure and whose criminal obligation would be presented. In so far would it be helpful for clarifying the medical obligation.