医疗纠纷应诉对策

The Countermeasures for Lawsuits in Medical Disputes

就《最高人民法院关于民事诉讼证据的若干规定》的发布及实施,尤其是“医疗行为举证责任倒置原则”的确立,对医疗诉讼的影响进行了评析并应用法学理论,提出了医疗机构应诉对策的建议,旨在实施新证据规则以后,各医疗机构应树立法制观念、增强应诉能力。

With the theory of the science of law, the author analyses and appraises the influence of the Certain Provisions on the Evidences in Civil Actions in medical kwsuits, especially the influence of the principle of inversion of onus probandi which issued by the Supreme People s Court. The author also makes suggestions about the countermeasures in medical lawsuits to the medical facilities in order to remind of their law sense and to enhance their ability in lawsuits after the new regulations adopted.