Discussing the Possibility of Survival from the Myocardial Infarction Case
In modern litigation, such as medical civil lawsuits, the result of damage often involves the interweaving of plural factors. Besides, the evidence of such litigation is often biased towards one party, which makes the evidential data hard to obtain, and makes the causation more difficultly to determine. The legal practice in Japan adopts the “degree of possibility theory,” in order to expand the scope of protection object in tort. By changing the facts which to be proved in the substantive law to reduce the burden of proof in the procedural law. It may serve as a reference for us to confirm the facts and applies laws in medical civil litigation.