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:[测试点] 民事诉讼证据制度中举证责任的倒置。
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
阅读理解

I believe that my country, Poland, is a perfect example for a place where food is particularly important. When we were little children, we began to understand how much a loaf of bread meant to our parents—to some it might sound silly but for me the custom of kissing bread before you started cutting it was simply amazing. It's not so common nowadays to treat food that way, since you hardly ever bake your own bread. Besides, everyone would call you crazy if you tried to kiss every bread roll before you ate them! But though we no longer make our food from scratch (起点), some customs have been kept--that's why I feel so sorry every time I have to throw any food away—even though I no longer live with my parents and nobody would blame me for this anymore!

Many people of our nation are still working as farmers, eating what they grow and harvest and therefore enjoying everything more. It's widely known that you value more anything that needs your effort in the first place. In most homes in Poland, especially those of farmers, the whole family would try and have their meals together--extremely difficult now, but so rewarding (值得) ! You can share other members' troubles and successes, give your children some attention, or just sit down for a moment instead of rushing through life aimlessly. Furthermore, your body, and stomach in particular will be very grateful (感激) for such a time!

In Poland, a wedding, Christmas or even a birthday is celebrated with a great meal. Women in the house get together and cook, sometimes for a few days before the event, and the extremely good or unusual food will be remembered and widely talked about.

You cannot over-value the importance of food in the country. What's more, almost everyone in Poland will be as interested in the topic as I am.

小题1:When the writer was a child, he / she ________.

A.found people were crazy about bread

B.began to realize the importance of food

C.thought that cutting bread was amazing

D.learned people hardly baked their own bread小题2:The writer feels very sorry when he/she has to throw away any food because

A.he/she makes food from scratch

B.his/her parents would blame him/her

C.some customs still have effect on him/her

D.many people are still working hard as farmers小题3: From the text, we can learn that, in Poland, ________.

A.most meals can be interesting topics for a long time

B.the whole family often have meals together nowadays

C.it's common for women to get together to cook for a few days

D.family members can know more. about each other by having meals together