Medical network - December 5, the supreme people's court released on November 30, the eighth national work conference on court civil commercial trial (civil) notes, the responsibility for the dispute of medical injury cases of patients and medical institutions proof and the scope and the burden of proof in the clear.
Minutes, tried to summarize and to use the past cases of infringement has accumulated successful experience, to further explore the trial of cases of infringement law under the new situation, more emphasis on the unity of the standard and the referee scale.
"For medical damage liability disputes, the general idea of the cases and philosophy is: through the guidance of judicial construction of a harmonious doctor-patient relationship, maintain social stability. The medical damages responsibility dispute cases, the need to solve the main problems of distribution of evidential burden of proof is." The supreme law a court official said.
One party requests the summary of the rules, patients tort liability of medical institutions, should prove and health relationship between medical institutions and the facts of damage. For the existence of medical relationship, should be comprehensive hospital booking form, JiaoFeiChan, medical records, certificates and other evidence medical behavior can prove to be identified.
The minutes of regulation at the same time, by the parties for evidence material, should according to the relevant provisions of the laws, regulations and judicial interpretations comprehensive review. For the parties to take forged, tampered with, alter content of medical record information is changed, or lost, destroyed, medical records, the causality between medical behavior and damage consequence or fault of medical institutions and medical personnel cannot be determined, change or lost, destroyed, rob medical records one of the parties shall bear the corresponding adverse consequences; Producers of medical records content have obvious contradiction or error can not make a reasonable explanation, shall bear the corresponding adverse consequences; Case exists only wrong character, not according to standard format defect in the form of writing, do not affect on the reality of medical records.
The summary of the related questions of tort liability law implementation in at the same time, and the relationship between social insurance and tort liability issues such as the rules. Among them clear, the patentee has the right to receive treatment of inductrial injury insurance or other social insurance treatment, the infringer of tort liability is not reduced or remitted because of the victim for social insurance. |
