医疗事故纠纷的举证责任与证据

Burden of Proof and Evidence in Medical Disputes

证据和举证责任在医疗事故纠纷中至关重要。举证责任是指谁负有提出证据证明案件有关事实的责任。负有举证责任的人,如果提不出证据,就导致发生不利于自己的败诉后果。真实的证据,是认定事实的根据;不真实的证据,不能作为认定事实的根据。病历是重要证据,作为证据的病历必须是真实的,不真实的病历,就不能作为证据使用。就使该病历不能作为证明其医疗行为与损害结果之间不存在因果关系及不存在医疗过错的证据。无可用证据,当然就举证不能。举证不能,就要承担举证责任的后果,必然败诉。

Evidence and burden of proof are extremely important in medical disputes. Burden of proof is referred who should take responsibilities of providing evidence to prove a case. If the person who should take on the burden of proof could not bring forward any evidence, the judgment would pass against him. The true evidence is the basis of recognizing facts and vice versa. Case history is a crucial evidence, which should be true as proof. Unreal case history should not be used as proof, so that could not prove the causality between clinical practice and harm to patients or that there was no medical treatment fault. There was no proof to be used, and there was no presentation of evidence. Therefore, the person on the burden of proof should take the responsibility and would lose the lawsuit.