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KMID : 1234820070080010179
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Korean Society of Law and Medicine
2007 Volume.8 No. 1 p.179 ~ p.211
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Judgement of causation and burden of proof in medical malpractice litigation
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Baek Kyoung-Hee
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Abstract
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To succeed the claim of medical malpractice litigation, the patient as a plaintiff should establish the medical fault of a physician as a defendant, and the causation between the fault and damages. Because of the extraordinary nature of medical province, however, this application of a legal principles is rigorous with the patient. In addition, given the causation between the validation of physician’s fault and damage is not attested, patient is not awarded anything. In order to overcome a difficulty of patient’s verification and ensure the right to fair process, it was demonstrated the lightening of burden of proof in medical malpractice litigation and the acceptance of the responsibility for an illegal act in a prescribed range in the absence of the causation between the physician’s fault and damage. This paper deals with the judgement of causation and burden of proof in medical malpractice litigation, and the acceptance of responsibility in the absence of the causation between the physician’s fault and damage. Also, this study recommends a tendency of our precedent through the comparative case method of ours and Japan.
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KEYWORD
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Medical care, Medical medical malpractice, Causation, Burden of proof, heory of loss of chance
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