Study On The Burden Of Proof Of Medical Damage In Our Country

With the development of the society,the cases of medical malpractice have been increased obviously recently in China.In these cases,evidences are the vital element in a way.So every change of burden of proof has aroused widely attention and becomes a hot-button issue. Tort Liability Law of People's Republic of China is adopted on December 26,2009 and there are some new changes in burden of proof of medical mistake and causality.It will have a great influence on the cases of medical malpractice, and it will definitely cause new disputation.The article is divided into four chapters.In the first chapter,some basic concepts and theories of medical damage and burden of medical proof are introduced.The second chapter is the emphasis of the article,and the author labors the burden of proof of medical mistake and advises that easing the burden should be carried out in our country.And it can ease the burden of proof of sufferers.The burden of proof of causality is expounded in the third chapter,and it is another key point in the article. The author labors the problem ofmedical verification. A medical appraisal conclusion is the most important evidence,and It will have a great influence on the judgements of medical torts.But there are many drawbacks of medical responsibility verification mechanism in our country.It is bad for sufferers to finish the burden of proof,and It will have a great influence on the distribution of burden of proof.Also the author gives his own advice in this chapter.