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

DOI

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.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

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  - Proceedings of the 4th International Conference on Economy, Judicature, Administration and Humanitarian Projects (JAHP 2019)
PB  - Atlantis Press
SP  - 230
EP  - 234
SN  - 2352-5428
UR  - https://doi.org/10.2991/jahp-19.2019.50
DO  - 10.2991/jahp-19.2019.50
ID  - Zhao2019/09
ER  -