Open AccessThe Standards of Proof in Medical Malpractice Cases
Author(s) -
Nina Cek
Publication year - 2020
Publication title -
medicine, law and society
Language(s) - English
Resource type - Journals
eISSN - 2630-2535
pISSN - 2463-7955
DOI - 10.18690/mls.13.2.173-196.2020
Subject(s) - malpractice , medical malpractice , german , civil procedure , law , burden of proof , product (mathematics) , political science , psychology , history , mathematics , geometry , archaeology
The article examines the procedural aspect of medical malpractice cases. It focuses on the differences in standards of proof by first explaining the characteristics of the Slovenian legal system and then comparing it with German and English legal systems. The author sheds light on the approach of the EU court on the question of the responsibility of the manufacturer for the product (vaccine) and suggests the direction to use a broader framework for the evaluation of evidence and presumptions. Given the disclosed problems of proving through the help of a medical expert, the article emphasizes the importance of respect for human rights in civil proceedings. Particular emphasis is also placed on no-fault systems and the question is raised of how the introduction of such a system into the Slovenian legal system would affect the perceived problem of proving a medical error and informed consent omission.