earticle

영어

Up to now, there are multiple dilemmas both within and outside judicial proceedings of medical tort lawsuit. The fundamental reason for those dilemmas is the concerns and helplessness of patients and judges over non liquet in the facts of cases , which may happen in any kind of litigations. In light of professional expertise involved in and complicatedness of medical services, the non liquet in facts in judicial proceedings of medical tort lawsuit is more prominent. The core at making breakthroughs in dilemmas lies in overcoming the non liquet in facts of cases. It is the consensus that the burden of proof system is the best tool by which non liquet can be overcome. But the process of building up this system in medical tort lawsuit is fraught with difficulties and there seems to be no single proof burden sharing rule that can meet the needs of achieving material justice. Therefore, classifying and analyzing medical torts, then applying different criterions of administrative liability and rules about burden of proof to different types of torts and in turn structuring a diversified burden of proof system is imperatively needed in development of modern tortious liability as well as the best option to break the dilemmas in modern medical tort lawsuit.