Research On The Burden Of Proof In Medical Damage Liability

The liability of medical damage is a special kind of tort liability. In the current social environment, as people’s concept of law is increasingly strengthened, doctor-patient relationship medical disputes and medical damage liability lawsuits increase sharply. However, in the medical service, due to the professional and the particularity of medicine, patients and medical institutions are of unequal information level. On the one hand, the patients and their close relatives are often in dispute processing disadvantage because of medical information are difficult for them to get. On the other hand, medical institutions and medical personnel are tend to take defensive medicine even excessive medical treatment because of limitation of the burden of too much control and the implementation from law. Speaking of legal view of this issue, how to enable both sides to achieve the balance of burden of proof in lawsuit directly affect the doctor-patient relationship and the stability of . social life. Since 2010, "tort liability law", the responsibility of both doctors and patients of the distribution of burden of proof in medical damage has changed a lot. The author tries to prove that the allocation of the burden of medical malpractice law and to realize the lawsuit facts and sufficient evidence, maximize the interests of both the outcome of the proceedings.The first part, the author firstly explains the medical damage liability of medical damage, the burden of proof and the burden of proof in the medical damage types and medical damage liability in the general principles of the distribution of both doctors and patients between the basic concept and theory. This part focuses on the principle and the legal provisions of the general rules of distribution of certification of medical damage responsibility in the "tort liability law".The second part, the author from the angle of content with responsibility of burden of proof in medical technology, medical ethics, medical damage liability product liability risk shall bear the. Based on the analysis of these contents, the author believes that the current patients to medical institutions claim the tort liability of medical damage proof has some difficulties, and put forward the solution of the current legal system for the predicament and solution mechanism.The third part, the author reveals the responsibility of prove that the medical institution shall be liable in dealing with medical malpractice lawsuits. Through the analysis of the distribution of burden of proof in medical institutions, I think the defensive medical treatment nowadays hot has its inevitability of the system and puts forward some solving the strong demands between medical institutions and patients medical defensive medicine against conflict solution.Finally, the author draws the conclusion that the law of tort liability of medical damage liability in the allocation between doctors and patients is appropriate. Giving full consideration to the medical cause of long-term development as well as the patient’s life and health rights, it is a good balance between the two under "tort liability law". Although in practice, the burden of proof in medical dispute lawsuit is still difficult, but we can established some specific system as well as the industry standard formulation. These approach are proper supplement of this issue.