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在医疗纠纷损害赔偿诉讼案件中举证责任的分配与承担问题往往直接影响到诉讼结果,医患双方应由谁提出证据、在举证不能的情况下由谁承担败诉的风险常常是庭审的焦点。现具体结合口腔专科医疗机构一起医疗诉讼的举证争议进行分析与探讨,以期对改进口腔医疗机构诊疗服务、完善医疗告知提供一点提示与启发。
The distribution and commitment of burden of proof in medical dispute damages litigation often have a direct impact on the outcome of the litigation, which evidence should be provided by both doctors and patients, and who should bear the risk of losing the case in the case of failure to prove the evidence is often the focus of trial. Specific combing with the oral medical institutions in a medical litigation proof litigation analysis and discussion, with a view to improving the oral medical services, improve medical advice to provide a little tips and inspiration.