问题 单项选择题

黄某因患急性阑尾炎在某医院进行了阑尾切除手术。术后回到家后,黄某仍然觉得腹部十分疼痛。几天后,黄某再次来到该医院进行检查,医院建议其再次手术。黄某马上进行了二次手术,结果在其腹部取出了上次手术时使用的纱布。黄某因此向法院起诉要求医院承担其医疗过失所引起的责任。本案中,以下对双方举证责任陈述正确的是:

A.黄某应对医疗行为与损害结果之间存在因果关系及存在医疗过错承担举证责任

B.医院应对医疗行为与损害结果之间不存在因果关系及不存在医疗过错承担举证责任

C.黄某应对医疗行为与损害结果之间存在因果关系承担举证责任,医院应对不存在医疗过错承担举证责任

D.黄某应对存在医疗过错承担举证责任,医院应对医疗行为与损害结果之间存在因果关系承担举证责任

答案

参考答案:B

解析:民事诉讼中一般的举证责任负担的原则是“谁主张,谁举证”,但法律也规定了由被告承担举证责任的情况,包括因产品制造方法发明专利引起的专利侵权诉讼;高度危险作业致人损害的侵权诉讼;因环境污染引起的损害赔偿诉讼;建筑物或者其他设施以及建筑物上的搁置物、悬挂物发生倒塌、脱落、坠落致人损害的侵权诉讼;饲养动物致人损害的侵权诉讼。《民诉证据规定》第4条第8项还规定,“因医疗行为引起的侵权诉讼,由医疗机构就医疗行为与损害结果之间不存在因果关系及不存在医疗过错承担举证责任。”因此,本题应当选B。

单项选择题

Passage Three

The war had begun, and George had joined the air force. He wanted to be a pilot and after some months he managed to get to the air force training school, where they taught pilots to fly.

There, the first thing that new students had to do was to be taken up in a plane by an experienced pi lot, to give them some ideas what it felt like. Even those who had traveled as passengers in commercial (商业的) airline planes before found it strange to be in the cockpit (驾驶舱)of a small fighter plane, and most of the students felt nervous.

The officer who had to take the students up for their first flight allowed them to fly the plane for a few seconds if they wanted to and if they were not too frightened to try, but he was always ready to take over as soon as the plane started to do dangerous things.

George was one of those who took over the controls of the plane when he went up in it for the first time, and after the officer had taken them from him again. George thought that he had better ask a few questions to show how interested he was and how much he wanted to learn to fly. There were a number of instruments (仪表) in front of him, so he chose one and asked the officer what it was. The officer looked at him strangely for a moment and then answered, "That is the clock."

The officer allowed()

A.the students to fly the plane all the time

B.all students to fly the plane

C.the students who were not frightened to fly on their own

D.some students to fly a little while

问答题 简答题