| With the gradual deepening of the socialist legal construction, the masses of thepeople for legal knowledge increased gradually, gradually enhance the awareness ofthe rights of the masses of the people, on the basis of this, when the medical litigationoccurred medical disputes is a well-deserved become everybody to protect individualrights, an important means to protect their own interests, the medical disputes are as inrecent years the society continue to concern and a hot sustained warming, this hot alsocan be obviously reflected by the continued rapid growth of medical disputes. In themedical dispute, the allocation of the burden of proof is the key to the outcome oflitigation cases, when the medical dispute of tort is difficult to qualitative and bothdoctors and patients don’t prove their claims on the evidence, allocation of burden ofproof has become the focus of attention of the legal profession, the medical communityand the social other people. The Supreme People’s court "Several Provisions onevidence in civil proceedings" and the "Regulations on handling medical accidents",defined the medical tort dispute implement the inversion of burden of proof in medicallawsuit principle, so that the distribution of burden of proof is based on the law.However, the introduction of "rules of evidence", also caused some controversy in thesociety. Objectively, we all agree that the implementation of inversion of burden ofproof has its rationality and necessity: to relieve the burden of proof of the legitimaterights of patients, the maintenance of patients, promote medical institutions tostrengthen internal management, is conducive to the medical disputes and timely trialand sentencing. But with this system advances society also highlights the manyunreasonable places, bring about some negative effects. In the medical field, generallybelieve that the medical dispute the burden of proof responsibility inversion is unfair tothe medical proof, and is not conducive to the normal development of medical science.The hospital in order to protect themselves, often take defensive medicine, modifyrecords, destroying evidence, resulting in the doctor-patient conflicts intensified. Inview of this,"tort liability act" the distribution of burden of proof for the new rules inmedical disputes between doctors and patients, the interests of the parties has better balance, but that hinder the phenomenon still occur, the medical activity characteristicof medical lawsuit, professional, medical litigation evidence bias in serious and themedical field "conspiracy of silence" phenomenon is closely related to the. In medicalactivities, medical institutions and medical personnel in the initiative, while patients inthe position of passive obedience. In addition, because of the information asymmetryexists in medical technology professional and patient, and in the course of treatment inpatients with passive and obedient position, medical institutions through examination,testing and other diagnostic methods to grasp and understand the physiological,pathological conditions of patients, treatment plan, familiar with the treatment process.If the patient is to carry out the operation, because of the mental state of paralysis, butmay not know operation situation. In addition, medical institutions, professional ability,also has the implementation convenience condition prove the behavior, such as forgery,tampering with the typical, destruction of medical records, and some have proven morecovert interference, such as in the damages caused by drugs or infusion circumstances,not timely save medication or blood or fails the test time in the future, can not beidentified. In view of the medical activities directly effect on the human body, that isimportant to human life right, health right and body right these basic rights, and proofof medical lawsuit the behavior of professional and concealment and the importance ofits impact on the rights of the parties, it is necessary to prevent behavior studies aloneproof in medical lawsui... |
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