The Study On The Distribution Of Burden Of Proof In Medical Malpractice Litigation

In recent years, the incidence of medical malpractice has been increased dramatically, medical tort litigation raised as a result of which has aroused wide attention in the society. In medical litigation,the burden of Proof directly affects the fair settlement of the case and the balance of the two Parties'benefits. Thus give rise to the issue under discussion. The thesis is made up of three parts:Part one. This part mainly focuses on relevant concepts of medical dispute, which leads to medical litigation, and its solution was discussed.Part two. It includes an introduction to the term allocation of burden of proof theory in two legal systems and a full explanation of the term inversion of burden of proof , which focus on the necessities and defects of our current theory of medical disputes.Part three. Reflection is made on the improvement of the theory concerning allocating Burden of Proof in Lawsuit of Medical Disputes. In this part, cases involving burden of proof In Medical malpractice compensation in United States, Germany, Japan and other developed countries have been studied. Their solutions offer us insight to perfecting the system of allocating the burden of proof in medical dispute in our country.