The Allocation Of The Burden Of Proof Of Medical Tort

Doctor-patient medical disputes between the two sides is a typical asymmetric information, testify unbalanced relationship, in this type of dispute how to allocate the burden of proof to establish the facts to achieve the greatest possible justice is a field of litigation and Evidence Act of important issues. China in recent years many scholars on this issue for a more adequate field of research, but the relevant theoretical results into practical guidance to some distance.From the middle of an area of Jiangxi Medical Primary Court litigation practice empirical investigation proved to be starting this investigation, found that the practice still exists for medical tort cases the burden of proof assigned different understanding and awareness of the court in order to avoid excessive reliance on expert opinion fact-finding difficulties in the judgment, the fact that district medical tort tell each element, the elements of fault and causation judgments are often intertwined, the ratio of the facts found and the ratio of the referee on duty, so that the verdict is not black and white, while the is more or less in four aspects. Medical Tort fault can be divided into technical fault, fault and organizational ethical fault, fault type, assign a different burden of proof. In part as a medical lawsuit causality causality prove more practical guidelines on interpretation and guidance. In the medical tort litigation, on causation, directly or indirectly dichotomy as the basis of shared responsibility is a medical practice in general litigation practice. Practice, the proportion of elements of causation and proportions referee system finds the biggest shortcoming in its digestion entity would prove liability regime norms and significance. Looking at the situation from an empirical research, medical relief proceedings prove difficult program can basically be covered by the so-called " lighten the burden of proof" mechanism being. In medical litigation, through the "proof of the facts specific elements of the standard of proof obligations linked to specific mechanisms" can also make medical litigation parties to alleviate the burden of proof, which can be close to reality, close to justice.