Discussion on the Distribution of the Burden of Proof of the Damage Caused by Blood Transfusion

Abstract

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. Keywords—blood transfusion; burden of proof; inversion; medical infringement; responsibility distribution