Prima facie evidence in civil proceedings in respect of medical error claims

Abstract

The taking of evidence in civil proceedings due to a medical error is characterized by certain differences, which were mainly shaped in judicial practice and result from the difficulties of evidence conditioned by the specificity of biological processes taking place in the human body. According to the author, the most characteristic and the most important institution mitigating the rigorism of evidence in the so-called “medical cases" is prima facie evidence that is not directly regulated in the Code of Civil Procedure. The article introduces the essence of prima facie proof and indicates its leading concept in the doctrine and jurisprudence, referring to its genesis and use in various legal systems. In conclusion, the author suggests the necessity to standardize the approach to the application of the discussed institution in the form of a resolution of the Supreme Court, at the same time negating the necessity to introduce its legislative basis.