民事法院取捨醫事鑑定證據之圖像【本期企劃】 試閱
The Image of Medical Expert Testimony in Civil Litigation
醫療訴訟案件具高度醫學專業性，審理過程中時常委託鑑定，裁判結果亦深受鑑定意見影響，而鑑定作為證據方法之一種，法院應先為證據調查後始能以之作為判斷事實真偽之依據，且不論採用或不採用，均應於判決中說明取捨理由。然其理由通常為何？換言之，鑑定意見具備或欠缺哪些部分時，法院是否會傾向於作成採用或不採用之選擇？此為本文所關注。
Medical litigations are highly professional. They often entrust expert testimonies during trial processes, and the results are also often heavily influenced by the testimonies. Being one of the methods of evidence, the court shall investigate on the testimony before deciding if it can be adopted as a basis of determining the truth. Whether or not the testimony was adopted, the court shall disclose the reasoning in the written judgement. The focus of this article is to find out if the court will be inclined to adopt or reject evidence when they have or lack certain elements?
007-017
