举证责任倒置原则在腹腔镜胆囊切除术医疗纠纷案中的应用

Application of the Principle of Onus Proof Conversi on in Laparoscopicl Cholecystectomy Disputed Case

1例因胆囊结石、慢性胆囊炎而接受腹腔镜胆囊切除术的患者,在7年后以其手术医院也认可的“胆囊未切除,胆结石也依然存在”之超声检查报告结论为依据,将为其实施腹腔镜胆囊切除术的医院告上了法院。本文围绕“医疗机构医疗行为与患者损害结果之间不存在因果关系及不存在医疗过错”这一命题,就举证责倒置正确应用于医疗事故争议诉讼实践问题,进行了详实的医法解读。

It's a real case that a patient indicted that the hospital should have ha d a cholecystectomy surgery for her seven year ago, but in fact, it didnt.Base d on the evidence that her gallbladder was not excised and there were still gall -stones in her body, the patient brought a suit against the hospital. This arti cle analyzed the application of the principle of onus proof conversion in medi cal disputes from both the medical and juristic viewpoints