Questione giuridica chiave
Whether the patient bore the burden of proving the doctor's breach of diligence under Art. 8 CC.
Decisione estratta
Yes. In medical liability based on mandate, the patient must prove the facts showing a breach of the doctor's duty of diligence; fault is presumed only if breach, damage, and causation are established.
Motivazione estratta
The court held that determining the content of the medical duty of diligence is a legal question, but whether recognized medical rules existed, the patient's condition, and the facts of the consultation are factual matters to be proven by the patient.