On Identification Of Liability For Medical Malpractice And Allocation Of Burden Of Proof

With the rapid social and economical development and more consciousnessof law, there is a steady and rapid increase in cases of medical tangle. Manycases have been submitted to courts of law, centers for letters and visitsand public health department. Also, more and more such cases have been exposedby the media. As one of the effective ways to resolve the medical tanglebetween patients and medical institutions, the court plays an important andindispensable role.In the hearing process of medical tangle cases, two questions are neededto be analyzed and researched: First, the confirmation of responsibility interm of substantive law; Second, the distribution of burden of proof in termof adjective law. The confirmation of responsibility of the medical tangleis the final result of the hearing; that is the legally binding judgment madeby the judge about if the parties have responsibilities. Certainly, in theprocess of confirmation of responsibility, the substantive law is needed,especially in the process of burden of proof. Since the particularity ofmedical activities, the medical tangle cases have some differences comparedto cases of encroachment of right.The hearing process of medical tangle cases are so different, even thesame case has a totally different trial result because of the judge’sdifferent annotation to the legal provision and discrepancy to medicalacknowledges. This essay is going to analyze and research the two foregoingquestions based on the law and legislation of Tort Liability Law, Evidence Rules, and Explanation on Some Issues about the Applicable Law of Hearingpersonal Injury Cases. In the matter of confirmation of responsibility ofmedical tangle, the essay in going to analyze the medical injury type andprinciple of resumption of confirmation of responsibility by using themedical injury definition as the point of penetration, and then make a finaldecision of the confirmation of responsibility about the medical injury. Inthe matter of distribution of burden of proof, the burden of proof isdistributed between patients and medical institutions according to the angleof status of subject of law of both parties. Hopefully, the essay offers someuseful reference for the hearing process of medical tangle cases.