Discussion on the Distribution of the Burden of Proof of the Damage Caused by Blood Transfusion
Xinhui Zhao, Bingling Han
Available Online September 2019.
- https://doi.org/10.2991/jahp-19.2019.50How to use a DOI?
- blood transfusion; burden of proof; inversion; medical infringement; responsibility distribution
- 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.
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 -