Empirical Research On Approaches On Proof Of Causation In Medical Malpractice Lawsuits

Causality is an important part of the constitutional elements of tort liability.Especially in medical tort cases,causation is the key to determining whether to establish medical tort liability.The professionalism and particularity of medical behaviors makes the confirmation of causality more complicated than general infringements.As far as the current research is concerned,the disputes mainly focus on the following aspects: what is the causal relationship of medical tort? Does the causality of medical tort involve value judgment? What is the basis for attributing the damage to medical behavior or medical fault? In the process of determining whether the causal relationship exists,can the medical identification of medical experts be directly used as a basis for judgment? Should we learn from the causation of fact and law in common law system,or inherit the conditional relation and equivalence theory in continental law system,or take both into consideration?This article mainly focuses on the proof of causality in medical tort litigation,and discusses and analyzes the proof of causality in medical dispute litigation from five parts.The first part is the introduction,which summarizes the main content of this paper and the current research status at home and abroad,and puts forward the problems to be studied in the article,what is the research value,and what are the innovations of the article;the second part is from the medical tort litigation and causality Start with the introduction of related concepts,point out the existing problems in the legislation and justice of medical tort litigation causality certification.The third part introduces the traditional theory of medical tort litigation causality certification standard,and uses the medical tort litigation causality in the substantive law and procedure,The development of the law introduces the extension of traditional theories and the distribution of the burden of proof of the causality in medical tort litigation;the fourth part mainly through the empirical analysis of 434 typical medical tort litigation cases in Gansu Province,it is found that the current causal relationship in China exists,The main problem is that the medical appraisal system is missing in the proof of causality,the causal force rule is not standardized in the causal relationship proof,and the causal relationship proof standard and the identification of the burden of proof are not unified;the fifth part proposes to improve China’s medical infringement Some of the suggested rules for the reliability of proof of litigation causality provide theoretical and practical help for the proof of causality in medical tort litigation in China.