举证责任倒置对医疗纠纷诉讼的影响

The Impact of Burden of Proof Reversed in the Action of Medical Disputes

举证责任倒置是一般举证责任原则的例外 ,在医疗纠纷诉讼中施行举证责任倒置的法理依据 ,主要是医患双方的诉讼地位不平等和医患双方的信息不对称 ,导致患方举证困难。实施新的举证规则后 ,必将会对医疗纠纷诉讼产生一系列的影响 。

Burden of proof reversed is an exception to the general burden of proof rule.There is special legal cause to enforce burden of proof reversed in the action of medical disputes.It is difficult for the patient to enforce burden of proof because the dispute position of physician and patient is unequal and the information that they obtain is not symmetry.It brings about profound impact on medical conduct and medical disputes.Therefore medical workers should know it and research countermeasure.