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KMID : 0377619960610120937
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Korean Jungang Medical Journal
1996 Volume.61 No. 12 p.937 ~ p.940
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Physician´s Burden of Proof in the Medical Litigations
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Abstract
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The first and most obvious defense to any allegation of professional negligence is the denial of liability.
If the physician can probe that be fallowed due care in diagnosis and treatment of the patient´s complaint, he was not negligent.
Physician, therefore, should be remembered that has the burden proving the patient´s injury was not resulted from performed medical act or the act was not negligent.
This paper discussed the onitical background of burden of proof, allotment of burden of proof in medical litigations, legal theories an burden of proof and their recognition in medical litigations and practical problems of burden of proof in medical litigations, such as problems on previous stage of proof, standard of burden of proof and its recognition, burden of proof of informed consent and principle of free impression and medical records etc.
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