On The Adducing Of Evidence In Medical Lawsuit

At present,due to the increase in the number of medical disputes,involving a wide range of treatment is difficult,has become a hot social issue.Whether the settlement of medical disputes is good or not,related to the normal operation of the rights and interests of both the doctors and patients,medical institutions and medical and health undertakings of healthy development.In the lawsuit of medical disputes,the issue of proof has long been the focus and hot spot.The burden of proof of our medical litigation rules on the allocation of several changes from the provisions of the "civil law" and "medical approach" "who advocates,who the burden of proof",to "on the civil evidence provisions stipulated in the" burden of proof "inverted" stage,and then to the "tort liability law" the allocation of the burden of proof stage of medical damage liability "type".The present medical procedure established the burden of proof on the distribution of the burden of proof of medical liability for medical malpractice cases.On the whole,this is a kind of institutional progress,the legislators try to seek the balance between patients and medical institutions in the burden of proof.But medical malpractice liability burden distribution system from the "tort liability law" still exists in some problems that the burden of proof of causation is not clear,the medical technology damage is too absolute,the burden of proof is not uniform.The medical litigation is professional,litigant special identity,proof of ability differences in characteristics,evidence in medical litigation is a professional,highly complex,involving medical knowledge intensive complex,it is difficult to grasp the characteristics of the patients.All of the above factors lead to the distribution of the burden of proof of medical damage liability in china.Therefore,based on the distribution of the burden of proof and the characteristics of evidence,in the medical treatment before the medical dispute,establishing the doctor's obligation of information informing,that is,to inform the patient of the medical condition,medical treatment,alternative treatment and medical risk,and clarify the rights and obligations of both doctors and patients and the distribution of the reasonable risk between doctors and patients,which provides evidence for solving the dispute between doctors and patients effectively.By clarifying the obligations and standards of the information disclosure of doctors,the contents of the information are established in written form.Based on this,the doctor can inform the information from the perspective of the improvement of the two aspects of the related system to inform the medical litigation proof system from the basic system and the doctor of information to improve the system of our country,the burden of proof in medical lawsuits,so as to effectively solve the medical dispute.This paper,including the introduction,is divided into five chapters:The first chapter is the introduction.This part explains the research background,purpose and significance of the research on the burden of proof in medical litigation concisely.The second chapter is an overview of the evidence system of medical litigation.The main part of the medical litigation characteristics,medical evidence in medical malpractice litigation proof providing content,content and its distribution of burden of proof system is studied on.The third chapter is the current situation and problems of the proof system of medical litigation in our country.This part mainly analyzes the present situation of the legislation and the problems existing in our country at present.The fourth chapter is about the application of the doctor's information to the proof system in the medical litigation.This part mainly discuss about the meaning of the doctor's information,the role of the doctor's information to the medical litigation and the standard of the domestic and foreign doctors' information to inform.The fifth chapter is about the improvement of the evidence system of medical litigation in our country from the perspective of doctor's information.This part mainly includes the basic law of the proof system of medical litigation and the perfect of the supporting system of the doctor's information,so as to perfect our country's medical litigation system and ease the doctor-patient relationship.