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我国《民事诉讼法》要求医疗纠纷案件适用举证责任倒置,由医院就医疗行为与患者损害结果间不存在因果关系及自身医疗行为不存在过错承担证明责任。这一制度有其合理性,但由于医学本身所具有的特点使医院在诉讼中面临较大的压力,进而导致防御性医疗、医患矛盾加剧等问题的出现。对一般医疗技术事故的举证方式由举证责任倒置转为采用举证责任减轻可以避免举证责任倒置导致的一系列问题。
China’s “Code of Civil Procedure” requires that medical malpractice cases should be applied with the burden of proof upside down, that there is no causal relationship between the medical behavior and the patient’s injury results by the hospital, and that there is no fault of medical service on its own to assume the burden of proof. This system has its rationality, but due to the characteristics of medicine itself, the hospital faces more pressure in litigation, leading to the emergence of problems such as defensive medical treatment and the contradiction between doctors and patients. The reversal of the burden of proof on general medical technical accidents from the burden of proof and the reduction of the burden of proof can avoid a series of problems caused by the inversion of the burden of proof.