Does a hospital have to justify its rule regarding the burden of proof?

The hospital seeks to justify its rule regarding the burden of proof on policy grounds. It is true that allocation of the burden of proof is often used as a tool for advancing desirable social goals and that, other than in criminal proceedings, allocation of the burden of proof rests largely in the discretion of the legislative body. (See CEEED v. California Coastal Zone Conservation Com., supra, 43 Cal.App.3d 306, 329-330, 118 Cal.Rptr. 315.) Although the hospital, as well as the public, has a valid interest in the maintenance of quality control over medical services rendered at its facility, that interest must be balanced against the doctor's fundamental right to [545 P.2d 404]

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