Along with the gradual increase of medical disputes, medical malpractices have become one of the hot topics in the society. The handling of the medical disputes concerns the benefits of the hospitals and the patient(s), the order and the safety of the medical practice, and the stability of the society, and it has always been highly concerned by the circle of the medicine and the law .Due to the improvement of the people's consciousness on the legal interest protection and the development of the related legal system, it is no doubt that the lawsuits of the medical damage compensation lawsuits has become the first choice among methods including negotiation and executive treatment to solve the medical disputes. In the lawsuits of medical damage compensation, the evaluation of medical malpractice which is to identify the res'ponsibilities of both parties as, in this case, the hospital and the patient(s) is the key procedure of the reasonable settlement of the lawsuit disputes, and beneficial for the protection of legal rights and interests for both parties. It certainly has the crucial position and effects.This thesis is divided into four chapters on the basis of thorough explanation...
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