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Who Should Provide the Evidence?
    2009-01-07 15:27:47     CRIENGLISH.com

The National People's Congress has been discussing draft proposals to the "Tort Liability Act". Some of the issues being discussed include how medical staff should take responsibility for patients who are under their medical supervision. These new adjustments to the act say if victims want to receive compensation, they need to provide evidence to prove medical staff were at fault. This is contrary to the previous regulation, and it has brought with it hot debate.

Let's hear what the media has to say.

A commentary in the "Beijing News" says the current problem of "excessive medical examinations" are not the result of previous regulations, which required medical staff to provide evidence if patients sued them. In order to prevent unnecessary medical examinations, the general laws, as well as administrative and departmental regulations, should specifically outline the responsibilities required of medical staff, while at the same time strengthening patients' rights.

Another review in the "Beijing News" comments that efforts should be made in two ways. First, a system should be set up to protect patient's rights to get exact information about his or her treatment. Secondly, the identification procedures should treat both the medical staff and the patient equally, and rules should be implemented to ensure that identification procedural justice is followed.

An article in the "Qilu Evening News" believes that asking either the medical staff or the patients to show evidence has drawbacks. Therefore, an integrated system is needed and it should not be frequently modified. The paper hopes that the legislatures can conduct serious investigation and research, and should not change the rules casually once they have been finalized.



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