Research On The Burden Of Proof In Medical Cosmetic Tort Litigation

Medical cosmetology refers to the use of medical equipment and other medical technologies with traumatic and invasive characteristics to repair and reshape the appearance and various parts of the body.Medical tort litigation cases are a special kind of tort liability disputes among medical damage liability disputes.It is different from ordinary medical behaviors whose main purpose is to cure and save lives,and it is also different from people's daily cosmetic behaviors.Legislative changes of the burden of proof system in medical cosmetic infringement litigation cases range from the "reversal of burden of proof" system to the system of "who claims and who bears evidence" to the system of "mitigation of burden of proof" Considerations.However,due to the particularity of the medical cosmetic industry,the current burden of proof mitigation system has some problems in practice for various reasons.This article aims to classify and analyze the cases by retrieving the public judgment documents,and list the conflicts of law application,identification procedures and identification standards in the judicial practice of medical and cosmetic litigation cases through different cases.It is difficult to implement the expert assistant system Relevant questions about the burden of proof,combined with the relevant foreign systems,put forward the certification responsibility for establishing the fault of medical cosmetic damage liability,the certification body and standard for establishing the causal relationship of medical cosmetic damage liability,and the standardization of the qualification of the subject of medical cosmetic identification,The establishment of a professional medical aesthetics appraisal agency,the establishment of uniform medicalaesthetics appraisal standards,and the clarification of the litigation status of expert assistants and the improvement of the start mechanism of expert assistants and other relevant suggestions.The author hopes to help improve the distribution system of burden of proof for medical cosmetic infringement litigation cases in China,and then regulate the behavior of medical cosmetic institutions,protect the legitimate rights and interests of patients,and create a harmonious medical cosmetic environment.