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Discussion On Burden Of Proof In Medical Lawsuit

Posted on:2012-12-13Degree:MasterType:Thesis
Country:ChinaCandidate:S LiuFull Text:PDF
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With the escalation of the medical tangle, the number of cases on medical tangle is increasing year by year. On April 1th 2001 the rule called The Supreme Court's Some Rules about the Evidence in the Civil Procedure which has been explicitly stipulated carrying out the principle of Burden inversion in the medical dispute lawsuit was applied and this accelerated the increase of the number of the medical dispute lawsuit. It was said by legal maxim that: The burden is litigation's backbone. From this we can consider that the burden plays an important role in the lawsuit. To the medical dispute lawsuit, it is in the same role. After the Tort Law was promulgated and brought into effect, the situation of burden inversion was changed. Though it is explicitly stipulated that the patient has the obligation in law to put to the proof in the fault of medical action of the medical establishment, it did not explicitly stipulated the main body who take the burden of putting the proof in the causality between the medical action and the fact of damage and besides, it brought some issues on the application of the Tort Law, such as the application of the Opposite interpretation of the article 58. In addition , in practice , the issues on the identify related to the burden of proof on medical tangle was involved into a state of embarrassment for the changed of the burden of proof on medical tangle without no direction. Any way, how to distribute the burden of proof in medical tangle and how to rule the medical action and adjust the doctor-patient relationship and meanwhile protect the legal rights of the patients, prompting the development of the medical science are issues which need to answer. This article tried to discuss the system of burden proof on medical tangle on the base of the existing issues on it.
Keywords/Search Tags:Medical tangle, Medical dispute lawsuit, Burden of proof, Burden inversion
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