谈谈医疗纠纷案件的举证责任——王连玉等诉太原市某医院医疗纠纷案

On the duty of offering evidence in the case of medical treatment dispute --WANG Lian-yu et al v a hospital in Taiyuan of medical treatment

医疗行业属高风险行业，近年来随着人们维权意识的不断增强，医事纠纷呈逐年上升趋势，已经演化成为社会的热点问题之一。由于医患双方在医学知识掌握上的不平衡，造成了医疗纠纷处理过程中患方举证困难。2002年4月1日起实施的最高人民法院《民事证据规定》第4条第8项明确规定“因医疗行为引起的侵权诉讼，适用举证责任倒置”，即采取过错推定原则，成为医疗赔偿纠纷案件举证责任的一大进步。本文以一起医疗纠纷侵权诉讼为例，深刻剖析了医疗纠纷处理过程中的民事证明责任适用问题。

The medical treatment is a highly risky calling. For the recent years people＇s sense of protecting their legal rights is boosting up, thus the number of disputes on medical treatment is increasing, which becomes a highly concerned social problem. The big disparity on holding the knowledge of medicine between the doctor and the patient make the latter feel hard to give evidence during settlement of medical treatment disputes. The article 4, item 6 of the Civil Poof Provision which was issued by the supreme court of PRC on April 4, 2002 stipulates clearly： ＂for the law suit of infringement caused by medical treatment, the duty of offering evidence shall convert＂, namely, the principle of presuming fault shall apply. This really was a big progress on the case of medical treatment compensation disputes. Here an example on dispute of medical treat is put up to analyze profoundly the application of the duty on civil evidence during the settlement of medical treatment disputes.