2011•Journal of Northwest University of Political Science and LawRequires access

The Interpretation of the Language Nobody Understands: Concerning the Allocation Rules of Burden of Proof in Medical Tort Litigation

HU Xueju

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Abstract

In China, There are significant misunderstandings about the burden of proof in medical malpractice litigation cases. The burden of proof in medical tort action shall be borne only by the patient and the plight of proof in such cases may refer to the Western countries via its mechanism that making the burden of proof and the burden of producing evidence separated and be resolved through the mechanism that that the burden of proof in the specific elemental fact linked to the specific standard of proof.

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What this paper is about

In China, There are significant misunderstandings about the burden of proof in medical malpractice litigation cases. The burden of proof in medical tort action shall be borne only by the patient and the plight of proof in such cases may refer to the Western countries via its mechanism that making the burden of proof and the burden of producing evidence separated and be resolved through the mechanism that that the burden of proof in the specific elemental fact linked to the specific standard of proof.

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Available abstract

In China, There are significant misunderstandings about the burden of proof in medical malpractice litigation cases. The burden of proof in medical tort action shall be borne only by the patient and the plight of proof in such cases may refer to the Western countries via its mechanism that making the burden of proof and the burden of producing evidence separated and be resolved through the mechanism that that the burden of proof in the specific elemental fact linked to the specific standard of proof.

Key concepts: Burden of proof, nobody, Tort, Medical malpractice, Malpractice, Interpretation (philosophy), Tort reform, Law

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