| 英文摘要 |
For medical lawsuits, although the patients, with regard to the facts which they allege in their favor, bear the burden of proof, we should adjust, exempt or even inverse this responsibility considering the medical knowledge gap between physicians and patients and the fact that relevant evidences are mostly archived in medical institutions. In this way, we can substantially safeguard the principle of equality of arms. Recent judgments of Taiwan’s Supreme Court have already acknowledged the legislative purposes of Article 277 of Taiwan Code of Civil Procedure and thus embodied aforementioned principles of burden of proof adjustments into judicial practices.
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