Causation in Medical Liability
Date Issued
2008
Date
2008
Author(s)
Li, Siao-Fen
Abstract
Causation is one of the most troublesome questions in tort law. The theory of adequate causation is adopted by our courts to judge whether there is a connection between the act of defendant and the damage caused therefrom. But in medical malpractice cases, sometimes the theory of adequate causation can not function correctly due to the specific characteristics of medical practice. Therefore, it is worthwhile to make a further research in order to help us to determine whether or not the causation between defendant’s act and damage does exist by applying other theories in causation.he author firstly illustrates the problems while determining the existence of causation in medical liability by referring to some precedent cases of Taiwan courts. And then the author will make a research on the “causation in epidemiology”、 “proportional causation” as well as “loss of chance theory”. The main concerns of such research includes to elaborate the nature of these theories, to clarify which problems are these theories proposed to solve, and to realize how our courts explain and apply these theories.fter that, theories about burden of proof will be discussed. Because it is apparent that plaintiffs always have difficulty in proving the existence of causation in medical malpractice cases, the courts tend to ease off or switch their burden of proof. The author will discuss the problems regarding the balance between the plaintiff and the defendant by the application of some evidentiary rules.t last, the author will try to propose her views and suggestions for legal practitioners’ reference.
Subjects
medical liability
causation
Epidemiology
proportional causation
loss of chance
burden of proof
Type
thesis
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