Research On Medical Mistake Proof Burden Reduction Strategy

With the great progress of our country's medical technology,we also have to face the problem of increasing medical disputes.Due to the lack of medical knowledge,patients are often in a weak position in medical disputes.This information asymmetry causes patients to often fail to effectively protect their rights.Especially after entering the litigation procedure,the patient must bear the burden of proof for the facts of the four elements of the tort of the medical institution.In most cases,it is difficult to prove the medical fault,which prevents the patient from safeguarding his legal rights.The study of burden reduction strategies is of great significance.This article mainly uses comparative analysis,literature analysis and case analysis methods,on the basis of the analysis of China's medical error proof burden mitigation strategy,and through the inspection of the development achievements of Germany,Japan,and the United States in this field,the burden of medical fault proof in China Prospects for mitigation strategies.The thesis is divided into four parts.The first part of medical error proves the need to reduce the burden.In this part,through the analysis of medical damage cases in China,it is found that the reason why patients fall into the risk of losing a lawsuit in the lawsuit is caused by the difficulty in proving medical errors.It is subject to the lack of evidence collection methods and the interference of judges 'abuse of discretion.It is impossible to complete the proof of medical fault elements,which will inevitably affect the protection of patients' rights.The burden reduction strategy of medical fault proof can solve the problem of difficult medical fault proof to a great extent by changing the subject of certification and expanding the means of evidence,and realize the effective protection of the legitimate rights and interests of patients.The second part is the attempts and deficiencies of China's medicalfault proof burden reduction strategy.This part of the study of relevant laws and regulations in China,we can see that at present,China mainly uses legal presumption to change the subject of certification,medical damage identification to complete the certification of specific problems,and the documentary evidence order system to expand the evidence collection means.The fault proves the relief of the burden.However,due to unclear legal provisions and imperfect system design,its positive role cannot be fully exerted.The third part is the investigation of foreign countries' medical fault proof burden reduction strategy.In this part,by examining the burden reduction strategies of Germany,Japan and the United States,we can see that when dealing with the same types of problems,Germany and Japan mainly use presumed methods,standardize the medical identification system procedures and strengthen their procedures based on the induction of jurisprudence Link with litigation procedures to reduce the burden of proof.The United States is based on loose certification standards,expert witnesses and other methods to promote patients to complete medical fault proof.In terms of evidence collection,the methods of expanding patients' rights and expanding the subject of obligations are adopted to enable more evidence to enter the lawsuit and promote the judge to complete the testimony.The fourth part is the prospect of China's medical fault proof burden reduction strategy.In this part,through the review of China's proof burden reduction strategy and the investigation of relevant foreign theories and systems,based on China's national conditions,through the introduction of proof of appearance,reform of the medical damage identification system,and implementation of the documentary order system,to achieve patient medical care The reduction of the burden of fault proof has enabled its development to meet the requirements of patients for proof of medical fault requirements and protect the legitimate rights and interests of patients.