In medical disputes, the burden of producing evidence is directly related to how well patients' right to know is guaranteed. The better their rights are protected, the heavier the burden of proof they will carry. Otherwise hospitals and medical institutions will have to bear more proof of liability. Nowadays, as patients are granted more access to information, they should be the ones to find answers to problems.

As a matter of fact, the draft Tort Liability Law does not lay the burden of proof totally on patients. According to exceptional clauses, hospitals and medical institutions still have to prove their nonresponsibility in cases related to law and regulation violation and concealing, fabricating or destroying medical records.

Patients first

He Yaowei (www.xinhuanet.com): Medical institutions are seemingly more capable of proving their nonresponsibility in disputes, compared to average patients. The 2002 system, which is obviously in favor of patients, can better protect them.

Victims of medical accidents might not even be conscious of doctors' errors since they have little knowledge of medical terms and practice. How could they provide evidence of wrongdoing against professional medical staff? If we change the burden of proof system hastily, perhaps more medical disputes will be seen to further damage already sore relations between patients and doctors.

Li Ji (Chongqing Times): Since the reversed burden of proof was implemented in 2002, hospitals have been paying special attention to keeping records of patients, which potentially improve their risk management.

The tension between medical staff and patients is not an issue of proof of liability, but mutual distrust. Simply shifting the burden of proof won't be effective in changing the situation for the better, but will make it more difficult for patients to prove.

Ma Guangyuan (www.dahe.cn): The root cause of medical disputes lies in mistrust. And the first step to melt down this suspicion is to regulate medical behaviors and expand patients' right to know, rather than shift the burden of proof back and forth.

Zhao Jiguang (Yanzhao Evening News): The reversed burden of proof in medical disputes is preconditioned by patients proving they have been badly treated. And if patients conceal evidence that works against them, the law will punish them also. Doctors and hospitals, which are complaining about strict rules, should pay more attention to monitoring the quality of medical services and improving overall management.

The tension that exists between both sides could certainly be lessened if misunderstanding and mistrust were removed.

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