医疗侵权诉讼举证责任倒置及其赔偿范围问题探析

Probe to inverted Responsibility in Putting to the Proof on Medical Tort Lawsuit and Its Scope of Compensation

在实践中,由于医患双方对医疗侵权诉讼中的举证责任倒置和赔偿范围等问题认识不清,导致医患双方之间的纠纷激增,引发了诸多社会矛盾。本文分析了举证责任倒置的特殊立法成因,指出了立法在加重了医方举证责任的同时,并没有完全免除患方的举证责任。文章最后剖析了医疗侵权损害赔偿的范围问题。

In practice, confusion to the inverted responsibility in putting to the proof on medical tort lawsuit and the scope of its compensation has caused many troubles and social problems. The article analyzes the cause of its legislation and points out that the hospital has the main responibility to put to the proof, the sufferer also takes some duty. At last,it analyzes the scope of compensation in medical tort lawsuit.