Proceedings of the 4th International Conference on Economy, Judicature, Administration and Humanitarian Projects (JAHP 2019)

Discussion on the Distribution of the Burden of Proof of the Damage Caused by Blood Transfusion

Authors
Xinhui Zhao, Bingling Han
Corresponding Author
Xinhui Zhao
Available Online September 2019.
DOI
https://doi.org/10.2991/jahp-19.2019.50How to use a DOI?
Keywords
blood transfusion; burden of proof; inversion; medical infringement; responsibility distribution
Abstract
In recent years, medical infringement cases caused by blood transfusions have been commonplace, and the issue of the distribution of burden of proof in such cases has also been controversial. At present, there are still differences in the burden of proof of such infringement in China's legislation. In the judicial practice, the system of responsibility distribution adopted by the judges' courts is also different, which makes the judgment results very different. By analyzing the conflicts under the current law and demonstrating the rationality of the inversion of the burden of proof, combined with the practice of other countries' distribution of such tort liability, it provides future legislation for improving the contradiction between doctors and patients in China.
Open Access
This is an open access article distributed under the CC BY-NC license.

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Cite this article

TY  - CONF
AU  - Xinhui Zhao
AU  - Bingling Han
PY  - 2019/09
DA  - 2019/09
TI  - Discussion on the Distribution of the Burden of Proof of the Damage Caused by Blood Transfusion
BT  - The 4th International Conference on Economy, Judicature, Administration and Humanitarian Projects (JAHP 2019)
PB  - Atlantis Press
SN  - 2352-5428
UR  - https://doi.org/10.2991/jahp-19.2019.50
DO  - https://doi.org/10.2991/jahp-19.2019.50
ID  - Zhao2019/09
ER  -