Application of Overseas Res Ipsa Loquitur in Medical Litigation in China

Tort Liability Act has been clear about the medical tort liability for fault liability principle,but the burden of proof in practice still exists certain problems on the basis of objective reality about information asymmetry and unfair status between doctors and patients.For example,the plaintiff will be in a dilemma of proof and cannot claim their legitimate rights and interests in the result of no-proof or apocryphal proof.At the same time,the defendant is imposed on the burden of proof making the medical disputes have a tendency to rampant litigation.To reach a certain degree of the distribution of burden of proof,this article focused on the constituent elements of Res Ipsa Loquitur in the common law in order to analyze and evaluate the possibility of applying to Res Ipsa Loquitur in medical tort.