Evidential burden in medical dispute lawsuits / 中华医院管理杂志

ABSTRACT

The author first expounds evidential burden, its relationship with presumption, and the distribution and transformation of the two in medical dispute lawsuits. Then he puts forward nine points for discussion regarding the inverosion of evidential burden in medical dispute lawsuit, including limitation in explaining medical behavior and causality due to limitations in the development of the medical sciences, the unavoidable nature of invasion characteristic of medical behavior, and limitations to evidences that can be provided by medical institutions. Lastly, the author sets forth some strategies that hospitals can adopt in response to the situation: ①standardizing medical behavior and doing a good job of daily work, such as fully and correctly keeping medical records and normalizing the drawing up of diagnosing documents and medical evidences; ②conducting sound theoretical research and protecting their own lawful rights and interests.