A Study on Burden of Proof for Medical Litigation of Malpractice

• Main Authors: SONG,YING-SYUAN, 宋盈萱
• Other Authors: 劉明生
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/79270460016806641774

碩士 === 輔仁大學 === 法律學系 === 105 === In Taiwan, the plaintiff asserting existence of rights has the obligation to bear burden of proof in civil medical dispute litigation. Caused by the particularity and professionalism of medical litigation, patients often are not able to correctly dispute or fully defend their claims. Resulting in a low winning rate of around 10% for the patients. In order to eliminate this unfair condition and to reduce burden of proof for the patients, article 277 of Taiwan Code of Civil Procedure regulates, “except either where the law provides otherwise or where the circumstances render it manifestly unfair.” General ways to reduce burden of proof include transfer of the burden of proof and less of the burden of proof. However, further discussions and research are needed before reducing burden of proof in medical litigation events and to resolve future problems that may occur. To build a complete architecture for burden of proof on medical litigation and to smoothen the relationship between patients and doctors, the focus should be creating types of relevant regulations on reducing burden of proof in medical litigations.