News
On the distribution of the burden of proof on medical liability. The decision of the Supreme Court no. 5128 of February 26, 2020.
- 02/03/2020
The Supreme Court, with decision no. 5128 of February 26, 2020 has returned to pronounce on the distribution of the burden of proof in the matter of medical liability, stating that, where a contractual liability of the health facility is deduced for the incorrect fulfillment of the health performance, the injured shall provide the proof of the contract and of the aggravation of the pathological situation (or of the onset of new diseases due to the intervention) and of the related causal link with the action or omission of the doctors, and remains on the obligated party the proof that the professional performance was provided diligently and that those results were determined by an unexpected and unpredictable event.
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