论医疗责任事实因果关系的诉讼证明

医疗责任事实因果关系具有复杂性,其证明非一般证明方法所能解决.目前比较有效的证明方法有表见证明和间接反证,重大医疗过失时可以减轻患方的证明责任乃至实行证明责任的转换.在发生证明妨碍行为时,可以做不利于妨碍方的事实推定.此外,概率认定因果关系理论、文件义务和诊断结果之作成与确保义务理论对医疗责任事实因果关系的证明亦具有一定的作用.盖然性说和优势证据理论亦可作为适当的参考.

A Study of the Proceedings in Proving the Factual Causation Based on the Medical Liability

Due to its complexity,the factual causation based on medical liability cannot be proved by general means.At present.there ale two rather effective fact-finding methods-Prima Facie Bewies and indirect rebuttal evidence.If major medical negligence occur8,the burden of proof of patient can be reduced or switched.In the event of proof obstruction,an adverse presumption of truth can be made for the obstructor.In addition,theory of fact-finding by probability,document obligations theory and theory of making the diagnosis and ensuring re-sponsibility also play a certain role in proving the causation based on the medical liability.The theory of proba-bilities and the theory of advantageous evidence can also be used as an advisable reference.