患方拒绝鉴定可能承担败诉后果

在医疗纠纷民事诉讼中,医疗机构提出进行医疗事故技术鉴定或法医学鉴定的申请,是一种履行举证责任的行为。然而,举证责任是可以转换的,它既可能从原告方转换到被告方,也可能从被告方转换到原告方。如果患者一方不配合鉴定或者拒绝鉴定,导致医疗责任不能认定,举证责任就从医方转换到患方,可能带来对患方不利的诉讼后果。因此,在医疗纠纷诉讼中,双方当事人要善于利用举证责任转换的概念,在法律规定的范围内,更好地维护自己的合法权益。

Refuses to Take Expert Identification May Lose the Suit

In the case of civil proceedings involving medical disputes, the application raised by the medical institute to undertake medical accident technical identification or medicolegal identification is considered as performance of burden of proof. However, the burden of proof can be shifted, i.e. such obligation may be shifted from the plaintiff to the defendant or vice versa. In the event that the patient does not cooperate with expert identification or refuses to take expert identification, as a result of which the medical responsibility cannot be identified, the burden of proof shall be shifted from the medical institute to the patient and the patient may consequentially suffer from adverse results. There fore, in cases of medical dispute litigation, both parties shall be good at utilising the concept of shifting burden of proof and protect its own legitimate rights and benefits better within the scope stipulated by the relevant laws.