Discussion On Medical Allocation Of The Burden Of Proff In Medical Damage Tort Lawsuit

Up to now, doctors' responsibility is to preserve life and cure theillnesses. However, with the development of medical technology andassertion of rights, the relation between doctors and patients is rather tense.The violent incidents caused by medical disputes have occurred from time totime. They have affected the social stability and unity. The allocation of theburden of proof determine the result in civil lawsuit. Because of thecomplexity and high risk of medical activities, sometimes medicalidentification is unable to give the exact conclusion. In this article, I analysethe medical damage tort, the principle of the burden of proof and ourcountry's the burden of proof history in medical tort lawsuit. I analyse the allocution of the burden of proof systerm in foreign medical tort lawsuit.After "Tort Liability Act" had been put into effect,it definite the doctrineof liabity and changed the allocation of the proof. With the health carereform carrying out thoroughly, it became more important that to ease thecontracdition between doctors and patients, to balance doctors and patients'sinterests, and to solve medical dispute reasonally, to promote the socialharmomious. Finally, some proposal were given to improve the medical tortlawsuit, so that consideration can be given to vulnerable groups-patients'interests and the doctor–patient benefit balance, eliminate the contractionbetween doctors and patients, to construct the harmonious doctors-patientsrelationship.