Burden of proofIt is the responsibility of the parties to provide evidence to prove the facts they claim.
The basic principle of the burden of proof is "who advocates who gives evidence ". This is a general provision of the burden of proof. However, in some special circumstances, the law sets out the principle of putting the burden of proof upside down, and the case of Medical Damages is
Fairness and justice are the fundamental principles that should be followed in judicial trials, and the Outcome shared by both doctors and patients, not just the requirements of patients. The realization of the real rights of litigation parties must be achieved through a fair judicial trial.ProgramThe distribution of the burden of proof is an important part. There should be no denying that, in the case of medical damage compensation dispute, the litigation status of both doctors and patients is actually unequal. If the legal consequences of losing a patient are caused only by the weak position in the litigation process, there is indeed the subject of violations of fairness and justice.
- The Supreme People's Court's "regulations" clearly stipulates that the principle of putting the burden of proof into reverse applies to Medical Damages compensation cases, that is, the medical institution shall bear the burden of proof for the absence of a causal relationship between medical behavior and damage results and the absence of medical faults.
- the judicial interpretation requires medical institutions to prove that they are not at fault, and requires them to prove that there is no causal relationship between medical behavior and the consequences of injury
- As a clinician, we should first recognize the necessity and necessity of applying this evidentiary principle. The purpose of applying this principle is not intended for physicians or medical institutions, as we have imagined, as a physician, there may also be a day of illness and medical disputes. Fairness and justice are common goals.
- Secondly, clinicians should realize that, as long as they strictly abide by laws and regulations and departmental rules, operational routines and norms promulgated by the Ministry of Health during the diagnosis and treatment of patients, that is to say, if medical personnel are not at fault, they will be unbeaten in the litigation process.
- In addition, clinicians should strengthen their awareness of respecting patients' rights. informed consent is one of the most important rights of patients, the new regulations on the treatment of medical accidents have special provisions. Article 11th of the Regulations stipulates that during medical activities, medical institutions and their medical personnel shall truthfully inform the patient of his/her illness, medical measures, and medical risks, and answer his/her advice in a timely manner. A patient or family member has the right to agree to the treatment or refuse treatment if the medical staff truthfully inform them. It should be noted that respecting the right of informed consent of patients is not only to protect the legitimate rights and interests of patients, but also to reduce the risk of medical staff practicing and avoid unnecessary legal disputes.
- medical disputes are caused by many reasons and are unavoidable. understanding and communication between doctors and patients are one of the most important solutions, simply avoiding conflicts or one-sided emphasis on rights protection cannot achieve the corresponding purpose.
