On Distribution Of Burden Of Proof In Defense Of Medical Action

The contradiction between doctor-patient relationship is a hot issue in society.The complexity of causality between professional behavior of medical treatment,medical action and medical damage results makes it easier to see the harm of patients' rights and interests.The medical defense is a kind of lawsuits defense system which gives the parties a balance for the interests of both parties,the distribution of the burden of proof in the defense of the medical lawsuit affects the effectiveness of the parties 'defensive behavior,and it is necessary to balance the original defendants' It is very important to have a reasonable distribution of the burden of proof in the defense of medical proceedings.However,due to the medical and legal comprehensive nature of the medical defense,there is a greater awareness of the defense in medical litigation than in the judicial practice.Misunderstanding,misunderstanding,the concept of defense can not be clearly defined,can not be accurately applied,easy and denial of confusion,resulting in the distribution of the burden of proof of error,so that one party bear the risk of losing the game.In this paper,the author analyzes the problems in the medical litigation,identifies the concept of defenses in medical litigation,and further clarifies the concept of defenses in medical litigation by comparing the defenses and denials in medical litigation.After clarifying the distribution of the burden of proof in the defense of litigation,we return to the case of this article and analyze the existing problems.We hope that this thesis will provide a basis for the discussion of medical treatment On the Proper Application of the Defense Responsibility Allocation in Litigation.In addition to the introduction and conclusion,this paper includes four parts:The first part is the introduction and brief introduction of the problem.This part starts from a specific case of medical dispute,and points out that in the practice of medical litigation,due to the confounding of pleading and denying,the parties have different litigation consequences,so it points out that defending against the risk of losing the lawsuit Of the burden of great significance.The second part is the identification of medical litigation defense.This part starts from the concept of defense,clarifies that the defense in medical litigation is a kind of defensive means to protect the legitimate medical action and protect the rights and interests of both doctors and patients.And the contrast between defenses and denials makes clear the difference between defense and denial.Finally,through the medical proceedings in China,the reasons for the defense of the order,clear the case of medical proceedings in the defense for the scientific proof of responsibility to lay the foundation for defense.The third part is the principle of the distribution of the defense burden of proof in medical litigation.This part expounds the general principles and the special provisions of the burden of proof in the medical proceedings,and analyzes the defense burden of medical technology damage,medical ethics damage and medical product damage.Principle of Distribution of Burden of Proof in Defense of Medical.The fourth part is the problem of perfecting the burden of proof in medical litigation.This part points out the problems of the burden of proof in practice in the first part of this article,and puts forward some rational and perfect ideas to solve these problems...