Research On Current Problems Of Proof In Medical Malpractice Cases

In recent years, the increasingly tense relationship between doctors andpatients, along with prominent doctor-patient conflicts and ever-risingmedical malpractice cases, has brought enormous pressure to grass-root courtsin civil trial. How did it come to this? There are both technical and complexsocial factors. For the past few years, the academia has done a thoroughresearch on issues of how to allocate the burden of proof in medicalmalpractice so as to ascertain the facts to the maximum extent possible,nevertheless, there are still some problems between the theoretical results andjudicial practice. In this article, we will start with issues such as how toidentify under the circumstances of unclear proof and dissent on medicalrecord information for both sides of doctors and patients during the medicalmalpractice trial in a certain grass-root court located in the central region ofJiangsu Province，combining with analysis of the burden of proof, thustrying to guarantee the legitimate rights of both sides and avoid theintensification of doctor-patient conflicts where the ultimate loss is shared byall the patients due to the one-party law suit claim with no results or over-aggravation of doctor’s burden of proof by defining the allocation of burdenof proof for different types of disputes, standardizing the treatment behavior,detailing the medical record preserving system, etc. Studying on the burden ofproof in medical tort litigation has a great practical significance in easing the conflicts between doctors and patients.