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近年来,随着我国法制化建设的不断深入,社会民众的法律意识不断提高,由医疗行为引起的侵权诉讼呈逐年上升的趋势。为了保护弱势人群的利益,2002年4月11日起我国开始实施最高人民法院《关于民事诉讼证据的若干规定》:“因医疗行为引起的侵权诉讼,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责任。”即举证责任倒置。今后,医疗事故的处理将与以往有很大的不同。如何应对、如何防范可能出现的医疗纠纷已经成为摆在医务人员面前需要研究的课题。医疗过错推定和因果关系推定使医务人
In recent years, with the deepening of the legal system construction in our country and the continuous improvement of the legal awareness of the public, the infringement litigation caused by medical behaviors shows a tendency of increasing year by year. In order to protect the interests of the underprivileged, on April 11, 2002, China began to implement the “Provisions on Evidence in Civil Proceedings” of the Supreme People’s Court: “The infringement litigation caused by medical acts is regulated by the medical institutions between the medical acts and the results of the damage There is no causal relationship and there is no medical fault to bear the burden of proof. ”That the burden of proof inversion. In the future, the handling of medical accidents will be greatly different from the past. How to deal with it, how to prevent possible medical disputes has become a subject that needs to be studied before medical personnel. Presumption of medical malpractice and presumption of causation to the medical staff