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北京市部分医院和法院的数据和经验表明,通过法院解决的医患纠纷仅仅是全部医患纠纷中的一小部分。医疗案件的双方往往都极其对立。双方能够共同认可的证据就是病历。这意味着,医疗案件处理的关键就是对病历的鉴定。医疗过错的证明,转变为鉴定发起和完成的问题。应当坚持医疗过错的推定,以损害为基础事实,以过错为推定事实。在《侵权责任法》生效后,最高人民法院如何规范鉴定的问题,值得期待。
The data and experience of some hospitals and courts in Beijing show that the dispute between doctors and patients solved by the court is only a small part of the total dispute between doctors and patients. Both medical cases tend to be extremely antithetical. The evidence that both parties can jointly recognize is the record. This means that the key to the treatment of medical cases is the identification of medical records. Evidence of medical malpractice translates into identification of issues initiated and completed. The presumption of medical malpractice should be persisted, with the basis of damage as the basis and the fault as the presumption. After the Tort Liability Act came into effect, it is worth looking forward to how the Supreme People’s Court upholds the appraisal.