The Evolvement of Distribution of Proof Burden in the Litigation of Medical Malpractice

The distribution of proof burden in medical malpractice has gone through three phases,including the claimant taking upon the burden,reversion of proof burden and relievation of the proof burden reversion.The evolvement of the distribution of proof burden shows that the legislator's comprehension,concerning doctor-patient relationship,is recognized more clearly.The opinion angle concerning justice has been changed from single case to the whole society.The legislators hoped that medical resources would be utilized reasonably by distribution of proof burden,and high-level of justice in medical practice would be realized.Certainly,whether or not the legislator's original idea and objective could be realized by the provision concerning the distribution of proof burden in medical malpractice is yet to be evaluated in practice.