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从4月1日起,我国医疗侵权的诉讼,开始实行举证方式上的改革,患者不再承担对医疗行为与损害结果的因果关系及医疗过程有无差错的举证责任,而改由医疗机构来承担。《最高人民法院关于民事诉讼证据的若干规定》中规定:因为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。这种一方当事人提出主张而由对方当事人承
From April 1 onwards, China’s medical tort lawsuit has begun to implement the proof of the reform of the way the patient no longer bear the causal relationship between the medical behavior and the damage results and the medical procedure is free of any error in the burden of proof, but by the medical institutions to bear. Some Provisions of the Supreme People’s Court on Evidence in Civil Litigation stipulate that there is no causal link between the medical act and the result of the injury and the burden of proof on the absence of medical malpractice by the medical institution because of infringement litigation arising from the medical act. Such a party made the claim by the other party