醫療訴訟舉證責任之實務新發展【本期企劃】 試閱
The Development of Burdon of Proof in Medical Litigations in Praxis
為兼顧醫療訴訟之特殊性，平衡醫病雙方之權益，在審理醫療訴訟時，如何適用民事訴訟法第277條規定，解決舉證責任分配之問題，現已成為實務界不得不面臨之難題。本文整理相關實務見解，以供了解實務界有關醫療訴訟舉證責任之立場，並透過最高法院近來引起爭議的三則案例進行研析，以此窺視最高法院就醫療訴訟舉證責任之最新發展。
Taking the specialty of medical litigations into consideration, how to apply paragraph 277 of Civil Procedure properly during the medical litigation to balance the interests between the patients and the physicians to resolve the problem of distribution of burden of proof, would nowadays become a hard case have to face. Related opinions of legal praxis would be analyzed in this essay to disclose the standing point for the burden of proof in medical litigation. Furthermore, three cases of Supreme Court which lead to arguments would also be analyzed. By doing so, the actual situation of Supreme Court for burden of proof in medical litigation could be exhibited.
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