Reach On The Cooperation Obligations To Provide Evidence In Medical Malpractice Litigation

In recent years, in view of the serious situation of medical malpractice, the doctors, the patients and the whole society expect medical malpractice to be solved reasonably. Medical malpractice litigation which is judicial solution of medical malpractice play an important role in medical malpractice diverse solution mechanism. However, it is difficult for ordinary people to understand the professionalism in the medical malpractice litigation, the non-equivalence of proof burden between patients and medical institutions, lead to it is difficult for the patients to provide proof, our medical malpractice litigation trial has slipped into evidence obstacles. In this paper, from the perspective of the law of evidence, deeply analyses the proof of disorder relief path, and considers the rules of cooperation obligations to provide evidence correct the non-equivalence of proof burden between patients and medical institutions, and it is legitimate and feasible.The cooperation obligations to provide evidence refers to the medical constitutions without the burden of proof and The third party help the court to investigate evidence in medical malpractice litigation. The legal basis of The cooperation obligations to provide evidence are The cooperative principle and The principle of equality of arms. The cooperative principle refers to coordination and cooperation between the court and the parties,the basic interaction of this principle is to achieve fairness and effectively prevent the litigation surprise. The principle of equality of arms refers to litigation system should be fairly used by anybody. The implementation of the principle of equality can not only be a form of security,but also be a substantial protection of equality. It should remove obstacles for people with wills for rights ad vocation.The cooperation obligations to provide evidence includes the obligation of providing medical instruments, the obligations of medical damage identification,the obligations of clarifying medical instruments. The obligation of providing medical instruments refers to medical institution without the burden of proof and the third party have obligation of providing medical instruments when the court tries to investigate in the medical malpractice litigation.But the medical institution should clarify the medical instruments to help the court understand the content,because medical instruments are highly professional. The obligations of medical damage identification refers to medical expert have the obligation of expert witnesses, giving expert opinion and obligation of clarifying expert opinion to help the court to investigate.Break the cooperation obligations to provide evidence refers to people who broke the cooperation obligations to provide evidence should bear legal consequences of obstruction of evidence. According to the different subject breaking the cooperation obligations to provide evidence,break the cooperation obligations to provide evidence can be divided into the parties break the cooperation obligations to provide evidence and other participants break the cooperation obligations to provide evidence. When application the legal principle of obstruction of evidence,the court usually judge the evidence cited by the one who has been obstructed and the behavior implemented by the hinder with law firstly, then decide what legal effect of obstruction of evidence should take.