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Forensic Medicine · Medical law: standards of proof
Sample itemA doctor faces a compensation claim in a consumer forum and a criminal prosecution for the same incident. Which standard of proof applies in each?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
D. Preponderance of probability in the civil claim and proof beyond reasonable doubt in the criminal case
In civil and consumer cases the complainant must show that his version is more probable than not. In criminal cases the prosecution must prove guilt beyond reasonable doubt, a higher standard, because liberty is at stake.
Option by option
A. Proof beyond reasonable doubt in the civil claim and preponderance of probability in the criminal case
This reverses the two standards.
B. Proof beyond reasonable doubt in both
Civil claims do not require proof beyond reasonable doubt.
C. Preponderance of probability in both
A criminal conviction cannot rest on mere probability.
D. Preponderance of probability in the civil claim and proof beyond reasonable doubt in the criminal case (correct)
Correct. Civil cases use the lower and criminal cases the higher standard.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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