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今年4月1日起,最高人民法院明确规定在医疗诉讼中,医院要承担举证倒置的责任,这无疑是给全国600万医务人员再次悬起红色警灯。诚然,此举是解决医患纠纷的一重大举措,也可以说是文明社会进步的表现。但对医疗机构和临床医务人员来说面临着重大的挑战,其意义十分深远,切莫掉以轻心。笔者试就此浅述及提出对策。首先,医务人员要以积极心态,面对现实,理解“举证责任倒置”的积极意义,有利维护患者权益,有利于规范医疗机构的行为,促进医疗机构更加强化以人为本的服务理念,学法用法,依法行医,既要维权,更要自律。其次,医务人员要培养强烈的法律意识、证据
Since April 1 this year, the Supreme People’s Court has clearly stipulated that in medical litigation, hospitals should assume the responsibility of upside down the burden of evidence. This undoubtedly re-suspends the red police lights for the 6 million medical staff in the country. To be sure, this measure is a major measure to solve the disputes between doctors and patients, and it can also be said that social progress is the manifestation of civilization. However, it faces great challenges to medical institutions and clinical personnel. Its significance is far-reaching and should not be taken lightly. I try to discuss and put forward countermeasures. First of all, the medical staff should take a positive attitude, face the reality and understand the positive meaning of “the burden of proof”, which is beneficial to safeguard the patients’ rights and interests, regulate the behaviors of medical institutions, and promote the medical institutions to further strengthen the people-oriented service concept. Use, according to the law practice, it is necessary to safeguard their rights, but also to self-discipline. Second, medical personnel should cultivate strong legal awareness and evidence