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Medical Tort Litigation The Burden Of Proof

Posted on:2006-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:X Z DaiFull Text:PDF
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The medical tort suit is the hotspot in our society. For long time the distribution of burden of proof in medical tort suit was not regulated clearly in the past, which took bad influence on the judgement. The distribution of burden of proof in medical tort suit has been defined since the Supreme People 's regulations on civil trial evidence were put in practice in 2002.The paper is divided into four parts. The first part is about the meaning and characteristic of the medical dispute and the medical tort suit.The second part first discusses some theories and legal regulations of burden of proof in foreign and our countries. Then it further discusses the burden of proof in medical tort suit from the way of the principal of tort liability and the causality. On the basis of the forenamed, it puts forward the possibility and necessity and active senses of the inversion of the burden of proof in medical tort suit. These are the arguments of the paper.The third part discusses the responds of the people in health care circle to the inversion of the burden of proof and put forwards the way how to comprehend and apply it.The fourth part first introduces the relevant regulations of resolving medical disputes in foreign countries. Then it points out that it is necessary to rebuild our solutions to alleviate the contradictions of doctors and patients .New solutions can also bring play into the role of judicial resource to the maximum extent. At last it put forth some advice to improve the relevant regulations of the burden of proof in medical tort suit.In the tag, in allusion to the faulty law of doctors and patients, the paper proposes changes in the medical law to harmonize the present legal regulations.
Keywords/Search Tags:The medical tort suit, burden of proof, distribution, inversion, rebuild
PDF Full Text Request
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