论医疗侵权的归责与举证

医疗侵权归属于民法中侵权行为的范畴，医疗领域是高风险行业有特殊性。医疗侵权责任的承担应适用过错责任原则，同时制定医患双方应申请第三方鉴定机构鉴定，逐步开放病历等措施来平衡双方的举证责任分配。

Discuss on Liability and Proof of Medical Tort

Medical tort is in the category of the civil law for torts. Medical treatment with specificity entails higher risk. The burden of medical tort liability should be accordant with the principle of fault liability; meanwhile, both sides of physician and patient should apply to identification by the third agency. Some measures such as gradually open case history should be taken to balance the allocation of burden of proof in both sides.