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Research On The Burden Of Proof In Medical Damage Liability

Posted on:2019-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:C C ShiFull Text:PDF
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Doctor-patient dispute is hot and difficult in today's social attention.Influenced by social factors,medical dispute intensified,doctor-patient conflicts intensified.The medical case is facing a huge problem,that is the doctor-patient on both sides of the burden of proof allocation problem,it relates to the success or failure of litigant lawsuit.Only accomplish rational distribution can balance the rights and interests of both doctors,and can alleviate doctor-patient contradiction effectively.But our current legislation on the distribution of the medical damage liability is not mature enough,There are many problems.Therefore must be through the legislative or judicial activities to further improve medical damage proof responsibility distribution system in our country.In this paper,the discussion on the medical damages responsibility distribution system of legislation and operation on the basis of the status,analyzes the deficiencies of the system,analyzes theory and the status of foreign medical damage proof responsibility distribution,put forward the perfect suggestions,that is to clear the distribution of the burden of proof in the causation of medical damage,improve the provisions of fault elements,construction of medical injury burden of proof mitigation rules,and to formulate a unified and applicable medical injury liability appraisal system,etc,in order to balance the interests,alleviate the doctor-patient conflicts intensified relationship,build a harmonious medical environment.
Keywords/Search Tags:medical liability for damage, the allocation of the burden of proof, imputation principle, the burden of proof, causal relationship
PDF Full Text Request
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