Allocation Of Responsibility Of Medical Tort Litigation In Evidence

In the medical infringement dispute proceedings, the distribution of the burden of proofplays an essential role in the realization of the claims of the hospitals and the patients due tothe specialty of the medical disputes. In recent years, with the promulgation of the TortLiability Law，the theoretical research on the relevant burden of proof in the medicalinfringement dispute proceedings has more practical significance. This paper applies thecontrastive analysis to compare the distribution rules for the burden of proof in the foreignmedical infringement proceedings on the basis of the analysis of the basic theories for theburden of proof therein, analyzes the regulations on the distribution of the burden of prooftherein in China and the defects thereof and finally proposes some thoughts on the distributionof the burden of proof therein.In addition to introduction, acknowledgement and bibliography, this paper consists offive chapters.Chapter One firstly introduces the concept of the medical dispute and then elaborates theconcepts of the medical infringement disputes and the medical infringement disputeproceedings to state the importance of the distribution of the burden of proof in the medicalinfringement dispute proceeding.Chapter Two interprets the distribution rules for the burden of proof in medical infringementdispute proceedings in the foreign countries, introduces the “prima facie beweis” principle inGermany, the “prima facie presumption” principle in Japan and the “res ipsa loquitur”principle in the common law system in succession, and analyzes and compares theirsimilarities and differences, offering referential system models for the improvement of thedistribution of the burden of proof in the medical infringement dispute proceedings in China.Chapter Three proceeds with the legislation on the distribution of the burden of proof inthe medical infringement dispute proceedings in China, elaborates the implementation of thedistribution of the burden of proof in the medical infringement dispute proceedings in Chinain different states and the improvement of the system in its development process.Chapter Four analyzes the distribution of the burden of proof in the medical infringementdispute proceedings in China at different stages in detail, mainly points out the realisticdefects in the current medical infringement dispute proceedings and analyzes the negativesocial responses arising from the defects, offering references for the improvement of thelegislation and justice in this field. Finally, this paper proposes the thoughts on the distribution of the burden of proof in themedical infringement dispute proceedings in China and proposes the suggestions for theimprovement of the system from referring to the foreign legislation, properly applying theinversion burden of proof, introducing the expert abider system and establishing the neutralmedical incident certification agency.