最高人民法院《关于民事诉讼证据的若干规定》第四条第(八)项规定:“因医疗行为的侵权诉讼,由医疗机构就医疗行为与损害结果之间不存在因果关系及不存在医疗过错承担举证”。这不但明确了医疗行为所致损害结果的民事责任性质是定位侵权,而不是违约,此与我国现行处理医疗事故纠 Article 4 (8) of the Supreme People’s Court’s “Article 4 of the Provisions on Evidence in Civil Litigation” states: “There is no causal link between the medical act and the result of the injury by medical institutions and there is no medical fault due to infringement litigation of medical act Bear the burden of proof. ” This not only made it clear that the nature of the civil liability for the damage caused by the medical act was to locate infringement rather than breach of contract,