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Reversal of the burden of proof in medical disputes

Publication at Faculty of Law |
2021

Abstract

The contribution deals with the possibility of implementing the institute of reversal of burden of proof in medical disputes, namely in cases in which there is no valid basis for proving relevant facts, i.e. medical documentation. Considering the standard distribution of the burden of proof in civil court proceedings, there is a question arising as to what to do if the claimant (typically the injured patient) is not able (not even on an elementary level) to prove the defendant's wrongdoing since there are no records of their activity or inactivity.

The content of the contribution is a summary and qualified description of basis for possible reversal of burden of proof in medical disputes.