Probe Into The Theory & Practice On The Problems Caused By Inversion Of Responsibility Concerning Offering Testimony In Medical Lawsuit

In this article, the author analysed the reflections in practice and issues from theory , which based on the latest legal reading concerning medical malpractice went into effect with the Supreme People's Court switching the burden of proof from the plaintiffs to the defendants in medical malpractice cases. The reflection in practice include whether this legal reading would lead to suits increasing or form a obstacle for medicine. Various theories has been brought forward: doubting about the applying of deducing from fault ,at the same time, cause and effect is important; worrying about no rules for normal medical injuries and complication; the issue about medical free duty. It summed up the legislation of medical malpractice in different country: the principle of the fact of malpractice being evidence of fault in United States of America; the theory of no ability of testifying because of interfering; and when momentous medical malpractice occurred, the burden of proof will be switched; the requirement of patients' consent , and so on. It would use for reference on the lawmaking in domestic medical malpractice. The author dissertated detailedly how the medical treatment contracts come into existence and what is its terminal. In the end, the author proposed his new opinion that medical contract should be divided into three stage: outpatient treatment stage, emergency treatment stage, hospitalization stage, and in the light of this attitude, some advices were made for government, society and provider of health care, for example; applying scientific management for hospital further; turning the patients' record to contract; the spreading of insurance for physician.