医疗损害案件因果关系证明问题探析

Probe into the Problems of Proof of Causation in Medical Injury Cases

医疗过失行为与损害之间的因果关系的证明,是医疗损害诉讼中的一个重要问题。根据医疗损害案件的实际情况,合理确立和适用案件诉讼证明规则,对于平衡医患双方利益具有积极意义。在坚持"谁主张、谁举证"的证明责任规则,以减轻防御性医疗和医疗诉讼泛滥的风险的同时,应采取"优势证据"证明标准,缓解医疗案件中因果关系不确定的影响,并通过表见证明、专家鉴定和证明妨碍等制度缓和患者的举证负担。

The proof of causality between medical malpractice and medical injury is a key issue in medical damage actions.It is helpful for balancing the doctor and patient relation to rationally establish and apply proof rules in accordance with actual situation in medical lawsuits.The rule that he who asserts must prove is a distributional rule of burden of proof that can alleviate defensive medicine and medical lawsuits flood.Standard of preponderance of the evidence is very important for dealing with uncertainty inherent in the medical action causality.Primary-face proof,expert statement and evidence obstruction rule is needed for mitigating patients＇ burden of proof.