Its no necessary for the Patient and his Litigation Attorney to have Professional Medical Knowledge
Many operations of hip in two hospitals caused the Infection of bacteria, therefore the patient accused the doctors that they operated in error, didn’t follow the hygiene rules, and so caused the serious infection, for the property and compensation and spiritual.
The supreme court thought that the patient was unexpected to have professional medical knowledges, so his burden of proof was requested moderately. Therefore, the patient had no obligation to explain the concrete cause of infection. Furthermore, the court didn’t hire an expert, which was necessary in this case, to investigate whether the operation followed the hygiene rules, so misconducted in the procedure.
|關鍵詞||專業知識、當事人之舉證及論證責任、醫療訴訟、professional knowledge、burden of proof and argument、medical legal problem|
|DOI||10.3966/241553062017010003008 複製DOI DOI申請|