Study On The Burden Of Proof In Medical Tort

Nowadays, medical disputes happen frequently in our country, and thephysician-patient relation is becoming nervous. With the improvement ofpeople’s sense of litigation, more and more medical disputes were solvedthrough litigation. In litigation, the burden of proof not can affect thestatus of the patients and hospitals, as well as the result of thelitigation. In our country, there are still some problems of the systemof burden of proof, though we are always improving it. Here the authorwants to provide some advice on the perfect of the system, through thestudying and analyzing the system. This paper is divided into four parts:Part one is the overview of the burden of proof system. It mainlydiscusses the definitions and compositions of medical tort, burden ofproof and criterion of liability.Part two discuss the judicial practice of the burden of proof inmedical tort. The author discusses the pros and cons of the current burdenof proof system in judicial practice and mainly focus on the conversionburden of proof system. Part three is the analysis of foreign medical tort liability. Itmainly introduces some relevant legislation abroad, such as“Proveapparently”in Germany,“Res Ipsa Loquitur” in America and so on.The last part is about the perfect of the system of burden of proofin medical tort. It mainly provides some advice on the perfect of thesystem, such as the establishment of conversion burden of proof andmedical professional liability insurance and the improvement of currentmedical accreditation.