title: [Burden of proof in medical cases--presumption of fact and prima facie evidence. II. Presumption of fact and prima facie evidence].
abstract: The aim of this paper was to present the main rules concerning the burden of proof in polish civil trials, including medical cases. The standard rules were presented with all the important exclusions such as presumption of law and fact or prima facie evidence. The author analyses the effect of these institutions on burden of proof in medical cases. The difference between presumptions of fact and prima facie evidence was analysed and explained. This paper also describes the importance of the res ipsa loquitur rule in United Kingdom and USA. This paper includes numerous High Court sentences on evidential and medical issues.
authors.affiliation: Katedry Prawa Cywilnego i Miedzynarodowego Obrotu Gospodarczego Uniwersytetu Mikołaja Kopernika w Toruniu.
authors.forename: Marcin
authors.initials: M
authors.lastname: Sliwka
mesh_terms: D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005554:Forensic Medicine / Q000331:legislation & jurisprudence* / Q000592:standards; D006801:Humans; D007883:Legislation, Medical / Q000592:standards*; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence*; D011044:Poland; D006113:United Kingdom; D014481:United States