Case Regarding Misdiagnosis of Malignant Thymoma: On the Relief and Transfer of Burden of Proof in Medical Civil
Proving the causality is extremely difficult in Medical Civil Procedure, not only because of the different medical knowledge and proofs between the parties, but also because the development of illness and possible development of causality are still difficult to be understood or proven at medicine. The thesis in this article is an explanation of burden of proof in Medical Civil Procedure according to paragraph 227 Civil Procedure. Furthermore, viewpoints of German Law will be taken into consideration, in order to compare to the difference of adjustment of position of parties according to the Taiwanese laws. After that, the legal practical experience in Taiwan and the types of adjustment of burden of proof would be discussed. As a conclusion would be an observation and relevant opinions.