《侵权责任法》一改最高人民法院《关于民事诉讼证据的若干规定》(下称《民事证据规定》)关于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的过错推定责任的规定,规定医疗机构及其医务人员承担的是过错责任。《侵权责任法》就医疗行为侵权如此立法的背景是什么,理由为何,效果又将怎样呢? “Tort Liability Law” changed the Supreme People’s Court “on the provisions of evidence of civil litigation” (hereinafter referred to as “civil evidence”) on medical actions caused by infringement litigation by medical institutions between the medical behavior and the damage does not exist between the results Causation and the presumption of fault liability in the absence of medical fault to bear the burden of proof stipulates that medical institutions and their medical personnel assume fault liability. What is the background of such legislation on tort of medical tort in the Tort Liability Act? What are the reasons and the effects?