On The Distribution Of Burden Of Proof Of Damages Litigation Of Medical Disputes

Medical disputes have been the social problem in present-day society, which is undisputable. The essence of burden of proof is the nature of losing the case. The current construction of law about burden of proof in medical litigation is that burden of proof is imposed on the defendant. Because of specialty of medical services, ascertainment of cause-and-effect relationship becomes exceeding difficult, and construction of law about causal relations and irrevocable burden of proof about negligence, to some extent, makes discretion on the part of judge disappeared. At the same time, unreasonable reliance on expert evidence leads to dissipation of adjucative power and disappearance of ability to trial, influencing reasonable allocation of burden of proof in medical litigation. This paper, analyzing allocation of burden of proof in medical disputes as its perspective, hopes to balance the interests of hospitals and patients, improving hospital-patient relations, enhancing litigation, finding the truth and realizing social justice.This dissertation paper is composed of four parts, except for introduction, and the main content is as follows.Part I Allocation of Burden of Proof in Lawsuit of Medical Dispute for Compensation. This part mainly focuses on relevantly concepts of medical dispute and defines connotation and legal features of medical dispute lawsuit. This part also argues for the reasonableness for taking medical dispute as tort disputes and analyzes the necessity and significance of allocating burden of proof in medical tortuous disputes.Part II .Introduction to Burden of Proof in two Legal Systems. This part mainly introduces burden of proof in two legal systems, to form a uniform definition of burden of proof. Burden of proof is the backbone of litigation; and allocation of burden of proof is the core of burden of proof. Civil-law system has given birth to many doctrines about allocating burden of proof; but many doctrines about burden of proof in common -law system is comparatively simple. Allocation of burden of proof in two legal systems is established mainly through cases or doctrines, but rarely through legislation. How to distribute burden of proof relates to legal evaluation on private rights and safeguarding and accomplishment...