The Burden of Proof in the Aesthetic Medicine: Re-Visting the Burden of Proof in Medical Litigation Practice
The burden of proof is an extremely important issue in the civil medical procedure law, and it is also one of the keys to win or lose the lawsuit in civil medical litigation. The judgment deals with the allocation of the burden of proof for the key facts to be confirmed in the cosmetic medical treatment, which is worthy of our attention. This article takes three points crucial for the burden of proof in the judgment as the entry point, namely “violation of the obligation to produce and persevere the medical records,” “violation of duty of disclosure” and “major medical fault”. The author studied the development of German law, and collated and analyzed the late relevant practical judgments in Taiwan, in order to provide reference to academics and practitioners.