Allocation Of Onus Probandi In Medical Malpractice

Onus probandi in medical malpractice disputes plays an important role in risk allocation, which properly distributes the medical risks and balances the burden of litigation between doctors and patients as well, has its own particularity, reasonable allocation of the burden of proof for both doctors and patients, medical malpractice litigation, the allocation of the burden of proof as a dispute the authenticity of the fact, a kind of risk responsibility between doctors and patients, has its own particularity.Before the implementation of the "tort liability law", China's medical injury cases have been following the principle of presuming the fault liability, the burden of proof of medical fault, causality and the consequences of the damage were on the shoulder of the medical institutions.After the implementation of the "tort liability law" principle of presuming the fault liabilit has been change d to the principle of liability with fault, which means the burden of proof borne by claimant in common violation of rights. "Tort liability law" after the implementation of the principle of presumption of fault, since our country is long-term damages in medical cases, the use of change to the principle of fault liability, tort liability act on general practice who advocated the principle of burden of proof. Patients are obligated to provide evidences to prove the malpractice and the causality to medical institution.This paper will analyze the distribution of burden of proof in medical malpractice litigation problems from the perspective of jurisprudence, On top of this basis, this paper will further compare the domestic and the international distribution rules of burden of proof, comb through the development process of distribution system of our country and discover the defects in the current system of our country.