探讨医疗侵权的举证责任

Discussion of the responsibility for proof citation by hospital in medical tort litigation

目的探讨医院医疗侵权的举证责任。方法根据最高人民法院《关于民事诉讼证据的若干规定》,分析医疗侵权行为的构成要件、医疗侵权的主要证据类型和医疗侵权举证责任的分配等。结果医疗侵权纠纷中确立举证责任倒置的规则,在一定程度上平衡了医患双方在信息占有上的不对等地位,较好地解决了医疗侵权诉讼中患者有理无据的问题。结论正确处理医疗侵权诉讼中的责任举证问题,有利于医疗纠纷的妥善解决,更有助于医疗事业的可持续发展。

Objective To discuss the citing duty of hospital in medical tort dissension. Methods According to ＂Some Stipulations on Proof in Civil Litigation＂ issued by the People＇s Supreme Court, the requisites of medical tort behavior, main types of proof, and distribution of citing duty in medical tort litigation were ana- lyzed. Results The establishment of the rules of inversion of responsibility for proof citation in medical malpractice lawsuits could, to a certain extent, balance the unequal positions of the hospital and the patient in obtaining information, thus properly solving the problem of lack of proof in medical tort litigation on the part of the patient. Conclusion Proper treatment of the citing duty in medical tort litigation would help to solve the problem of medical dissension so that it would be beneficial for the persistent development of the cause of medical care.