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《侵权责任法》中医疗损害赔偿的举证责任的分配是权衡医患双方利益的结果,也一定程度上是当前医患现状在法律上的反应,统一了医疗损害赔偿责任分配的标准,有着积极的意义。但是,却改变了以往举证责任倒置的规定,而规定患者对医院过错和诊疗行为与损害后果之间的因果关系负举证责任,这就存在着加重患者的负担,这是不符合时代发展潮流的。所以,本文主要包括两方面,分析我国现行医疗损害赔偿举证责任的利弊,并对我国医疗损害赔偿制度的完善提出建议。
The distribution of the burden of proof of medical damages in the Tort Liability Act is a result of weighing the interests of both doctors and patients, and it is also a certain extent the current response of doctors and patients to the legal situation. It harmonizes the standards for the allocation of medical damages and has a positive effect. The significance. However, it has changed the previous provisions on the reversal of the burden of proof and stipulated that the patient bears the burden of proof for the causal relationship between the hospital’s fault and the behavior of the diagnosis and treatment and the consequences of the damage. This has aggravated the burden on the patient. This is inconsistent with the trend of the times. . Therefore, this article mainly includes two aspects, analyzes the advantages and disadvantages of China’s current medical damages for the burden of proof, and puts forward suggestions for the improvement of China’s medical damage compensation system.