The Development of Burdon of Proof in Medical Litigations in Praxis
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.