Distribution Of Medical Liability Cases Damage Proof

The key to success is to suit grasp of the evidence, the allocation of the burden of proof is the key procedure. The tension between doctor and patient, medical damage dispute led to an increase in cases of. However, because both sides objectively the unequal status, leading to the burden of proof in the lawsuit process is not equal, the patient is very difficult to safeguard their legitimate rights and interests. Although the "tort law" has a positive effect on the patient, but in practice it does not balance the doctor-patient relationship shows that the situation not the responsibility of the. This paper adopts the method, comparison research method, literature research method, analysis and induction analysis case, from the point of view of the distribution of burden of proof the fault and causality perspective, from the Supreme People’s court "several regulations about the civil action evidence" to "change" the tort liability law analysis of the existing problems, referring to the experiences home and abroad, proposed the establishment conforms to our medical burden easing rules and related auxiliary system. The burden of proof to ease is a judge under certain conditions on the fault elements and causal element dynamic allocation process. For proving the fault elements, only bear the burden of proof in patient indeed there are obstacles, judge the fault transfer of burden of proof for medical, otherwise it would be a violation of the principle of fault liability. While the causal proof, the patient as long as proof to superficial proof standard, the judges establish the initial establishment of the inner conviction, can will prove causal relationship does not exist to the hospital to undertake the burden of proof.