The Application Of The Theory Of Obstruction Of Evidence In The Medical Litigation

This paper will probe into the breach of the obligation ofkeeping medical record with the theory of obstruction of evidence,which will be beneficial to protecting the patient. There are foursections in this paper. First, it will discuss the legal principle of thetheory. From the author’s perspective, it is more reasonable to deemthe good faith doctrine as the principle. Secondly, it will analysis thekey components of the obstruction of evidence. Besides, it willresearch the effect of the application of this theory. And the lastchapter is the most important part of this paper in which the authorwill analysis the application of the theory of obstruction of evidencein medical litigation from three aspects, including the necessity,established cases in Germany and Taiwan and legal provisions in ourcountry.