Research On The Burden Of Proof In Medical Disputes

The medical disputes is a major problem with theoretical and strong practicality. For the patients, they need prove the infringement to maintain their own rights. However, the fact in medical disputes can’t be clearly in practice, and the traditional distribution of burden of proof also can’t be good effect. Therefore, studying the burden of proof in medical disputes and analyzing the trouble of proving medical disputes to find a way on solving medical disputes. The article is departed in four parts:Chapter one explored the nature of the medical disputes, including general rules and special rules.Then to make rules on burden of proof in medical disputes perfect,we studied the particularities of proving medical disputes,including injury behavior,injury fact,causation and medical negligence.Chapter two manly discussed the legislation in China about burden of proof in medical disputes, finding the background and reasons in our legislation.Then,founding that there are some problems should be solved in our country.Chapter three is related to other countries’ rules. Comparing the burden of proof rules in medical disputes between civil law system and common law system conclude they are something in common.Chapter four discussed the factors that may affect the rules of burden of proof in medical disputes. Then, based on theory, we summarized that alleviation of the burden of proof and completing the set of measures are very important in medical disputes.