医患关系首先表现为合同关系,但在医疗服务过程中由于过错引起患者人身损害的,医疗机构则应承担侵权责任。在合同纠纷及一般侵权行为中,应遵循举证责任的一般规则,而对于因医疗行为引起的特殊侵权,则应由医疗机构承担以下两项举证责任,即医疗行为与损害结果之间不存在医疗因果关系,不存在医疗过错。 The relationship between doctors and patients first manifested as a contractual relationship, but in the course of medical services due to fault caused by personal injury to patients, medical institutions should bear the tort liability. In the contract disputes and general violations, the general rules of the burden of proof should be followed, and for the special infringement caused by medical acts, the medical institutions should bear the burden of proof that there is no medical treatment between the medical act and the damage result Causality, there is no medical fault.