Medical disputes which need to be proved by the evidence provided by the medical side

In China, the determination of liability in medical disputes follows the relevant laws and regulations, and usually adopts the principle of "whoever claims, whoever proves". However, taking into account the characteristics of medical specialty and the difficulties of patients in obtaining evidence, the relevant Chinese laws have made certain adjustments to the burden of proof in medical disputes in order to protect the rights and interests of patients.

Specifically, the evidence to be provided by the medical party usually includes, but is not limited to:

1.**Medical Records**: These include the medical record book, surgical records, nursing care records, examination results, and records of medication use, which are direct records of medical activities.

2.**Medical program description**: the doctor needs to prove that the treatment plan and surgical program adopted by him is in line with the prevailing level of medical care and industry norms.

3.**Informed Consent**: The doctor or hospital needs to provide evidence that the informed consent of the patient or his/her family has been obtained prior to the implementation of the treatment or surgery.

4.**Compliance of medical equipment and medicines**: In case of dispute, the medical practitioner needs to prove that the medical equipment and medicines used are in compliance with national standards and regulations.

5.**Medical malpractice appraisal**: If a medical malpractice appraisal is conducted, the appraisal result is an important basis for the handling of medical disputes.

In some cases, if the court determines that the medical organization has easier access to the relevant evidence, it may require the medical organization to provide proof to reduce the burden of proof on the patient. As a result, healthcare providers are often required to maintain detailed and complete medical records for their records.

I hope the above can help you, if you have other questions please consult a professional lawyer.

Legal basis:Article 1222 of the Civil Code

Patients are harmed in the diagnosis and treatment activities, and if any of the following circumstances, it is presumed that the medical institution is at fault:

(a) violating the laws, administrative rules and regulations, as well as other provisions related to diagnosis and treatment norms;

(b) concealing or refusing to provide the medical record information related to the dispute;

(3) Loss, forgery, alteration or illegal destruction of medical records.