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从4月1日起,在医疗侵权诉讼中,做为原告方的患者,将不再承担对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这两个方面的举证责任,而改由医疗机构承担。这种由一方当事人提出,而由另一方当事人举证的方式,与《民事诉讼法》中“谁主张、谁举证”的方式相反,因而被称为“举证责任倒置”。部分“举证责任倒置”,不仅对医患双方都将产生广泛而深远的影响,也使医学和法律产生了碰
From April 1, in the medical tort lawsuit, patients who are plaintiffs will no longer bear the burden of proof on the non-existence of the causal link between the medical act and the damage result and the absence of medical malpractice. However, Change by the medical institutions. This method, proposed by one party and evidenced by the other party, is contrasted with the “Who claims, who evidences” approach in the Code of Civil Procedure and is therefore called “the reversal of the burden of proof.” Part of the “reversal of the burden of proof” not only has a broad and far-reaching impact on both doctors and patients, but also impinges on medicine and law