On The Rights Relief Of Patients In Medical Damage Compensation Disputes In China

In recent years,the medical disputes caused by increasing litigation,litigation in the rights and interests of patients with reasonable no for relief and protection,lead to the conflicts intensified,how to safeguard the rights and interests of patients in the lawsuit,how to relief from the Angle of evidence for the patient rights and interests has important practical significance.Many theories and practice of scholars are trying to explore effective medical lawsuit relief of the right way.Evidence based medical lawsuits involving the type as the clue,using a combination of theory and practice to analysis summary,let patients with clear evidence of the importance of medical litigation and relief way and the method,for effective relief for patients rights,and to build a harmonious doctor-patient relationship.In this paper,the research is divided into five parts.In the first part,from the perspective of evidence,this paper expounds the background of patients in medical dispute lawsuit relief,purpose and significance,as well as the litigation mode,the burden of proof about medical disputes at home and abroad and introduces the relief way.The second part,the paper expounds the connotation of medical disputes in our country and analyzes the concept of medical litigation,at the same time,combining with the condition of our country present stage discusses the reasons for the formation of the current our country medical disputes,the present situation.The third part,expounds the types of evidence are involved in the medical litigation evidence and flaws of the relief way,at the same time on other important issues involved in litigation including the selection of the cause of action,identification of types of trade-offs,disability identification standard adopted,autopsy suggest compulsory patients should be how to relief the problems such as system comprehensively,provide some useful reference for patients in the lawsuit.The fourth part,mainly from the distribution of burden of proof in litigation change course to view the changes of the patients right relief and the advantages and disadvantages,and at the same time the emergence of the third-party neutral agency provides a new path to solve the doctor-patient contradiction and methods.The fifth part,the key evidence in lawsuits admissibility and judge the degree of responsibility for the empirical analysis conclusion,at the same time,based on the present stage of litigation,put forward their own Suggestions.All in all,the author is soaring in the medical dispute,doctor-patient conflicts intensified and how in the lawsuit under the wave of the thinking of the rights and interests of patients,writing it.