The Burden of Proof about the Serious Medical Fault and the Causal Relationship: Comment on Judgment No. 227 (2017) of the Supreme Court
According to the legal practice, the medical personnel have no burden of proof in medical lawsuits, unless the requirements were fulfilled. What the “manifestly unfair” according to the paragraph 277 Civil Procedure Law is, and it, therefore, would be necessary to let the another part has the burden of proof, have become a typical type of cases. It is worth on the view of the interest between the medical personnel and the patients. The judgment No. 277 (2017) of the supreme court sets the serious medical fault as the requirement of shifting the burden of proof of the causal relationship for the first time. The “principle of serious medical fault” which was developed by the legal practice and theories in Germany and the regulations would be introduced in this article; it would be explained, how a serious medical fault in Germany be presumed could. It would be a criterion of the comment on the former judgment.