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Describe Medical Litigation Burden Of Proof Issue

Posted on:2014-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhuFull Text:PDF
Abstract/Summary:PDF Full Text Request
In recent years,doctor-patient conflicts are outstanding in china and medical disputecases are increasing year by year.The serious incidents of assaulting hospitals andinterfering with the order of medical have happened. Medical dispute cases areprofessional, controversial, contradictory and they air hotspot and difficulty of judicialpractice.How to protect the interests of patients and maintain the normal order of themedical institutions has become a very urgent problem. The burden of proof is known as"the backbone of the litigation," and “legal person of the real cross”. In medical disputes’lawsuit,allocation of of the burden of proof relates to the practical interests of both doctors and patients,relates to the success or failure of the lawsuits.It is great significance to solution of fair and just tomedical disputes,to ease the doctor-patient conflicts, to alleviate doctor-patient antagonistic emotionsfor building a harmonious society.This thesis is divided into four parts. The first part is the definition of the concept of medicaldisputes,to clear which belongs to the category of medical disputes, and to lead to the classificationand characteristics of medical disputes thereform.. The second part is questions about the burden ofproof and theory of its allocation.It explains the meaning of the burden of proof and enumerates thetheory of factum probandum,the theory of the classification, the theory of the danger field and so on.Italso explains the transform of allocation of the burden of proof in medical disputes and the impartanceof medical expertise.The third part discuss the issue of burden of proof from the perspective of "TortLiability Act".It divides the burden of proof of patients and hospitals. The fourth part presents theproposals and measures to improve the burden of proof about medical disputes...
Keywords/Search Tags:medical dispute, the burden of proof, Tort Liability Act, allocation of of the burdenof proof
PDF Full Text Request
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