Hello, the burden of proof in this case is reversed. The burden of proof lies with the hospital. If the hospital cannot prove that it is not responsible, it is presumed that it should bear the responsibility.

Legal basis:

Tort liability law

Article 57 If medical personnel fail to perform medical obligations corresponding to the medical level at that time in medical activities, thus causing damage to patients, medical institutions shall be liable for compensation.

Provisions on evidence in civil proceedings

Article 4 The following tort litigation? Bear the burden of proof in accordance with the following provisions:

(1) In a patent infringement lawsuit caused by a new product manufacturing method invention patent, the unit or individual that manufactures the same product shall bear the burden of proof that its product manufacturing method is different from the patented method;

(2) In the tort litigation of damage caused by highly dangerous operation, the injurer shall bear the burden of proof for the fact that the victim intentionally caused damage;

(3) In the lawsuit of compensation for environmental pollution damage, the injurer shall bear the burden of proof for the exemption provided by law and the fact that there is no causal relationship between his behavior and the damage result;

(4) The owner or manager shall bear the burden of proof for the tort lawsuit of the building or other facilities and the shelving, collapse, falling off or damage caused by the building;

(5) In an infringement lawsuit caused by raising animals, the animal breeder or manager shall bear the burden of proof that the victim is at fault or the third party is at fault;

(6) For infringement litigation caused by defective products, the producer of the product shall bear the burden of proof for the exemption provided by law;

(7) In an infringement lawsuit that * * * causes damage to others due to the same dangerous behavior, the person who commits the dangerous behavior shall bear the burden of proof that there is no causal relationship between his behavior and the damage result;

(eight) in the tort litigation caused by medical behavior, medical institutions should bear the burden of proof that there is no causal relationship between medical behavior and damage results and that there is no medical fault.

Hope to adopt