Research on the burden of proof in medical care damage disputes
YUN Dan
WANG Yonghui
Abstract：The rules for the allocation of the burden of proof in medical care damage disputes directly affect the outcome of the judgment and are closely related to the interests of the parties.In medical care damage litigation,according to the current substantive law,the burden of proof of the perpetrator,the result of the damage,fault and the facts of the causal relationship is borne by the patient.However,due to the subjectivity of fault facts and the complex professionalism of causal relationships,patients face difficulties in proving fault and causal factors.In order to solve the above problems and reduce the burden of proof on patients,this paper localized the theory of apparent proof and the theory of loss of opportunity,and proposes a mitigation scheme for the burden of proof in medical care damage disputes.
Keywords：burden of proofmedical care damagemitigation of burden of prooffault element
Publication Date：2025-10-10
Online Publishing Date：2025-10-10(First online date of this platform, not the publication date of the document)
Pages：9( 3291-3299 )