On The Burden Of Proof In Medical Malpractice Lawsuits Allocation

In recent years, because of the increasing number of medical disputes, involving awide range of difficult to handle, has been a hot issue of social concern. Medicalmalpractice litigation, the allocation of the burden of proof as the authenticity of the factsin dispute between the parties is unknown when the patient is a risk that the division ofresponsibilities, has its own particularity, a reasonable allocation of the burden of proofamong both doctors and patients for medical disputes through judicial purpose Trailproper solution to achieve the legitimate rights and interests of patients, the normal workof medical institutions, medical and health services and a healthy growth in the balance ofinterests between doctors and patients has important significance. China’s relevant lawsand regulations on medical malpractice provisions allocated the burden of proof hasexperienced "who advocates, who proof" stage, the burden of proof stage, the distinctionbetween types to determine the burden of proof stage, which is the burden of proof ofmedical disputes distribution system continues to evolve, increasingly sophisticatedhistory. Especially the "Tort Liability Act" on specific provisions allocated the burden ofproof, scientific treatment of both doctors and patients and all patients and otherstakeholders between subjects, reducing the medical institutions in the proceedings theburden of proof burdens are eased some aspects patients in the burden of proof. However,the "Tort Liability Act" provisions on the allocation of the burden of proof there are stilldeficiencies, improve our medical litigation in the allocation of the burden of proof shouldbe considering the realization of justice, order maintenance, efficiency, development ofmedicine, etc. factors, based on the presumption of fault to expand the scope and improvethe causation element of the burden of proof, to develop a scientific appraisal system ofmedical malpractice liability.