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The Improvement Of Causality Distribution Rules Of Evidence In Medical Damage Liability Disputes

Posted on:2015-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:L WeiFull Text:PDF
GTID:2296330452451310Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, medical disputes have increased year by year, and have beenwidespread concern in society. Properly handle medical disputes, not only regard toboth doctors and patients the interests of the measure, but also related to the healthydevelopment of the medical and healthy undertakings and medical public healthinterests of the broad masses of the people. In medical disputes, medical damage isthe most typical class of disputes, how to deal with good medical compensationproperly is a very difficult work.Justice, so as to maintain fairness and justice last line of defense in the field ofmedical damages, is bound to play an indisputable role in ending the interestdivergent, not only to balance the interests of both doctors and patients which shouldbe made to promote a harmonious society.Causal relationship not only is the core of the medical liability for damage butalso the basis of imputation. Therefore, in the dispute of medical liability, thecausality burden of proof allocation is critical. For medical damage disputes underspecial circumstances, causality is difficult to decided, case in the apocryphal,traditional distribution rule of burden of proof can not solve all situations very well,causality of the burden of proof about patients is too heavy. The author makes a deepanalysis about the distribution of burden of proof in the causation of medical damageof current situation and existing problem, to discuss some feasible approach aboutmedical damage compensation disputes in western countries when in the specialcircumstances happen. Finally, the author put forward some own views, that is tointroduce the conditional presumption of the theory of causation presumption. Onlyfor the rules of distribution of evidential burden of medical damage causation makethe further perfect can solve these problems.
Keywords/Search Tags:Medical damage, Causality, Distribution of burden of proof, Conditionalcausality presumption, The burden of transition rules of causality
PDF Full Text Request
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