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The Burden Of Proof On Medical Damage Disputes

Posted on:2011-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhouFull Text:PDF
GTID:2206360308971874Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Medical Treatment Damage Dispute (MTDD) refers to the dispute between the medical organizations and its staff cause by the circumstance in which the behaviors of medical institutions and its staff cause the harmful consequences that is attributable to the negligence of the medical institutions and its staff. MTDD is one of special torts disputes with high professionalism. Burden of proof is the core in civil litigation. The allocation is the core of the proof burden. It is very significant to study the proof burden in medical treatment damage dispute.Imputation Principles is the basis of determining medical injury compensation liability, and is of great significance to identify the liability. the principles of liability imputation in China includes the principle of liability for fault, the principle of presumption of fault and the principle of liability without fault. Nowadays, there are two problems in application of the transfer of burden of proof: conflicts and intensified confrontation between doctors and patients and the defensive medical treatment of medical institutions and its staff."Tort Liability Act of the P.R.C." will come into operation on July 1, 2010; concrete results have yet to be verified. MTDD can be divided into three categories: medical technological damage disputes, medical products damage dispute and medical ethics dispute. Different imputation principle should be applied to the different types of MTDD, and so do the burden of proof. According to the theory of legal constitutions, MTDD consists of four components: violations of legal duty, actual losses or damage, causal connection and medical negligence. It is necessary to research the allocation of burden of proof in each component.Perfection of the burden of proof in MTDD needs to be considered from both the jurisprudence and medical science because of its unique nature. From the perspective of jurisprudence, the following factors are to be considered: the perfection of the substantive law and procedural law, the perfection of related constitutions, realization of the legal value, and the judicial application and so on. From the perspective of medical sciences, the relative nature and duality of science, the social nature of purposes and limitations of knowledge are to be considered. Further perfection of the burden of proof in MTDD is conducive to the improvement of medical science, to social stability and rapid development, to the basic medical needs of the masses.
Keywords/Search Tags:Burden of Proof, Allocation of Burden of Proof, Medical Treatment Damage Liability
PDF Full Text Request
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