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KMID : 0357819940180020075
Korean Journal of Legal Medicine
1994 Volume.18 No. 2 p.75 ~ p.84
Physician's Burden of Proof in the Medical Litigations


Abstract
The first and most obvious defense to any allegation of professional negligence is the denail of lialility.
If the physician can probe that be fallowed due care in diagnosis and treatment of the patient's complaint, he was not negligent.
Physican, therefore, should be remembered that has the has the burden proving the patient's injury was not resulted from performed medical act or the act was not negligent.
This paper discussed theonitical baekground of burden of proof, allotment of burden of proof in medical litigations, legal theories an burden of proof and their recognitiam in medical litigatins and practical problems of burden of proof in
medical
litigatins, such as problems on previous stage of proof, standand of burden of proof and its recognition, burden of proof of proof of informed consent and principle of free impression and medical records etc.
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