Discussions on the persuasion of proof for medical tort lawsuits
10.3760/cma.j.issn.1000-6672.2009.09.010
- VernacularTitle:对医疗侵权诉讼案件举证相关问题的探讨
- Author:
Jun ZHOU
- Publication Type:Journal Article
- Keywords:
Tort;
Medical malpractice;
Burden of proof
- From:
Chinese Journal of Hospital Administration
2009;25(9):603-605
- CountryChina
- Language:Chinese
-
Abstract:
Discussions were made regarding the burden of persuasion and that of proof in tort lawsuits,distribution of the burden of persuasion in both medical tort cases and those in non-medical malpractice tort lawsuits.It is found that in cases involving tort of medical institutions,medical behavior tort and non-medical tort cases should be set apart depending on the nature of the lawsuit.Under the existing legal system,it is also necessary to distinguish the medical behavior tort incurred by medical malpractice from that irrelevant to malpractice.which will be critical for distribution of the burden proof and calculation of the compensation.
