Of Medical Damage Tort Burden Of Proof In Tort Litigation

The medical community about the safety, quality of life, which itself is an empirical science, in the continuous development and improvement process, will inevitably be inadequate. Therefore, the medical malpractice cases with a high professional requirements, hearing difficulties and other characteristics different from other general civil matters. In the case of medical malpractice disputes, how under the civil procedure and substantive law provisions, combined with medical injury disputes, law of the case, an accurate grasp of the allocation of the burden of proof is very important. This burden of proof from the civil proceeding the general rule, try to damage of medical disputes, the litigation burden of proof and judicial practice should be concerned about some preliminary discussion.This paper is divided into four chapters, the first chapter of our history of medical injury disputes in a brief introduction, clearly present the concept of medical malpractice disputes; the second chapter, by comparing the two legal systems on the understanding of the burden of proof, clear proof of the responsibility of connotation; Chapter III. The history of the foreign and the civil burden of proof appeared in the research results in distribution theory briefly described their reference of legislation to introduce the Burden of Proof in the field of research; fourth chapter discusses the medical malpractice litigation The burden of proof allocation rules, a clear classification of the legal requirement that as a general rule, based on the focus of medical injury litigation responsibility principle in the Distribution of Burden of Proof and Burden of Proof in-depth analysis of the inversion rules, the judge clearly The importance of discretion, attempt to establish the right of medical injury litigation disputes burden of proof rules. In this paper, the author of the work practice of medical malpractice litigation cases, the rules of burden of proof of some superficial, hoping to help his own trial, and hope to have more depth in this field and scholars continue to study.