Defects And Perfection Of The System Of Presumption Of Fault In The Medical Malpractice In China

Litigation Mediation,which is based on the presiding of judge,is defined as the case In many cases,the medical malpractice liability dispute is a kind of special cases.On the one hand,the public health service requirements and the continuous improvement of medical resources and the excessive rendering of the media,the medical industry's own high risk and other factors make such cases are often very sharp contradiction.On the other hand,professional medical malpractice liability disputes has itself,makes the patients are often in a very disadvantageous position in proof,which makes patients for medical evidence conflict,that the hospital is First impressions are strongest in shirk responsibility,lead to further exacerbate the contradictions.before the implementation of tort liability law",medical malpractice litigation on the basis of "certain provisions" of the Supreme People's Court on evidence in civil proceedings the presumption of fault,in a period of ten years,the burden of proof of medical damage,the hospital prove that he has no fault and no causal relationship and the consequences of damage.The burden of proof,consider more of the patients in the medical knowledge of the lack of evidence and the difficulties."Tort liability law" after the introduction,the formation of the principle of fault liability,presumption of fault,supplemented by special circumstances,the implementation of the pattern of no fault liability.This provision should be said to be a progress,it is a good way to understand the characteristics of the medical behavior of legislators,but also with the practice of some developed countries,is a gratifying progress.However,in practice,the fault presumption is not much,from 2012 to 2015 three years,the presumption of fault cases of medical damage the court in the absence of only together,have to say wrong presumption is a pity,presumption of fault has an important status in the medical damage liability disputes,is a powerful weapon for patients in order to combat medical professional,is important to balance the rights and obligations of both parties,the absence of the application of presumption of fault,the reason is that the existing provisions of tort liability law is inadequate,how to better apply the presumption of fault in practice,in order to balance the rights of both sides,in order to reach the end of the dispute is the effect.To explore the problem.The basic content of this article from the medical malpractice liability of presumption of fault,first clear the related concepts,through the research of the development and evolution of the burden of proof of medical damage in our system,clear the important position in the presumption of fault liability for medical damages in the case.Through an example,the existing problems and causes of the application of fault presumption in practice are analyzed.Foreign related theory and experience,combined with China's current health care system and medical characteristics,in order to facilitate patient burden of proof and judicial personnel identified as the starting point,to explore the condition of not changing the existing laws and regulations,to solve the medical malpractice case is difficult to fault presumption way,to better safeguard the legitimate rights of both doctors and patients provide a useful exploration,but also provide some reference for the medical dispute case.