STANDARDS OF PROOF IN THE CONTEXT OF THE MEDICAL CIVIL RESPONSIBILITY

STANDARDS OF PROOF IN THE CONTEXT OF THE MEDICAL CIVIL RESPONSIBILITY

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This paper discusses the standards of proof, also known as sufficiency models, in the context of the medical civil responsibility.The purpose of this study is to verify, from a doctrinal perception and from a study of cases, what would be the standard required to prove the fault in medical Rocker Panels/Guards/Rails civil responsibility due to medical error.Rational persuasion was adopted as theoretical reference.We came to the conclusion that the patient, who is the plaintiff, shall prove the medical Socks fault through a high standard of proof: the clear and convincing evidence.Nevertheless, if occurs a dynamic distribution of the burden of proof, the doctor shall demonstrate absence of medical fault through a low level standard of proof.