摘要
当前,我国因医疗行为引起的侵权诉讼适用举证责任倒置原则,对医疗损害赔偿案件的审判产生重大而深远的影响。本文在分析举证责任的概念及其含义的基础上,论述了举证责任的分配及其渊源,并阐述了医疗机构所应该采取的应对措施,以期增强医务人员的证据意识和知识,提升医疗侵权案件审判的公正性与效率性。
At present, the principle of inversion of burden of proof is applied in medical tort disputes in China, which is extremely significant for judgment of cases of medical injuries and compensation. On the basis of an analysis on concept and implication of burden of proof, this article argued distribution and source of burden of proof and elaborated what hospitals should deal with to strengthen the conscience and knowledge of medical staffs to evidence and promote impartiality and efficiency in judgment of cases of medical tort disputes.
关键词
民事诉讼证据
医疗纠纷
医疗诉讼
举证责任
倒置
Evidence in Civil Procedures
Medical Disputes
Medical Litigation
Burden of Proof
Inversion
