Problems and Thoughts Caused by the First Direct Use of Cochrane Reviews in Medicine and Medical Lawsuit
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Abstract
Cochrane review is a typical evidence-based medical evidence in other countries. In this paper, the representative Cochrane systematic reviews will be cited as examples to study and analyze the controversy that is generated in the process of Cochrane systematic reviews which are first used directly in medicine and medical lawsuit. The controversy includes dispute whether it is evidence in civil proceedings, belongs to what kind of evidence in civil proceedings and whether it is directly adopted by the court and so on. Meanwhile, contradictions between Cochrane review of change and stability of legal evidence, conflicts between new evidence-based medicine and old, disputes about if the evidence-based medicine is suitable for use in China, evidence-based medicine’s impact on existing medical concepts that are included in textbooks, how to select and choose in evidence-based medicine, the wishes of patient and doctor*s experience, the dilemma of transformation between medicine and law produced in the process of foreign evidence-based medicine first used in China medical and medical tort, evidence-based medical evidence being judicial, all the questions mentioned above will be analyzed in the way of combination of medicine and law. The selection and using of evidence-based medicine in medical tort lawsuit is another proof of the evidence-based medicine with vitality.
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