Negligence and the Burden of Proof Concerning Causation in Medical Lawsuit
The determination of negligence and causation have always been the key points of medical malpractice lawsuit. Due to the dispute being highly professional, both parties might not be able to precisely recognize the issue, and the court might have a hard time evaluating facts and applying the law. This case involve the determination of negligence concerning package insert, which has a great significance in medical lawsuit. Also, as the saying goes “the proof, the losing,” accurately describes the situation of both parties in professional and complicated medical lawsuit. As a result, the allocation of burden of proof is of great importance. In principle, claimant is obligated to assert facts favoring his propositions, however, considering the professionalism of the dispute and the evidences mostly being archived in medical institutions, courts often utilize the article 277 of Civil Procedure code to alleviate the burden of claimant. Still, the burden of proof requires to be dealt with carefully to avoid unjust allocation among both parties.