Burden of Proof in a Medical Malpractice Cases
Keywords:
Burden of proof , Claim, Medical malpractice , Plaintiff, Shifting, the burden of proofAbstract
Abstract:
The research consists of an introduction, a preface, five topics, and a conclusion.
The principle is that the plaintiff patient is the one who bears the burden of proof in a medical malpractice case in the event that he is the plaintiff.
The burden of proof can be transferred to the defendant doctor, in the event that the plaintiff is unable to prove his claim due to his incapacity and the like.
In Islamic jurisprudence (Fiqh), there are cases in which the defendant’s evidence and proof is accepted, and the fact of investigation can be attached to it, including in the event of conflicting evidence and the like, in the event of the plaintiff’s inability, and in the case of division in the event of apparent hostility.
Non-plaintiffs can be accepted in the medical malpractice case, and they are experts and the like.
The plaintiffs in a medical malpractice case may agree to transfer the burden of proof to others.
