Indication in the liability for the failure of public service of healt. Analysis of state council jurisprudence
DOI:
https://doi.org/10.17533/udea.esde.10081Keywords:
Liability for the failure of public service of health, proof difficulties, proof standard, burden of proof, circumstantial evidence, proof principlesAbstract
The State Council in his jurisprudence about liability for the failure of public service of health has given several solutions to the proof difficulties of the claimant for demonstrate the facts that invoke, searching in the most of the cases facilitate his burden of proof. Between such solutions I notices an often use of circumstantial evidence like a proof that allows verify the facts. However, the form in which circumstantial evidence is treating by the State Council in that cases makes necessary establish several criticisms found in a conception of circumstantial evidence into the field of a general theory of the proof, essential matter of the present article.
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