| This article is on damages and the analysis of the spirit of the inadequacy of the system in medical malpractice, the simple introduction of the moral damage in the history of development and feature on the medical characteristics of damages. This article describes the damage to China's medical system of compensation for moral damage in the status quo and the legislative status quo, pointing out that there is less than four, and this analysis. Reducing the size of the object of the scope of compensation, the compensation for the author as to whether the corresponding conditions; not enough compensation for the main broad, I think, should be the fetus, mental illness and the scope of legislation should be included in a vegetative state; not enough scientific and reasonable standard, I think we should give full consideration to degree of damage to the medical factors involved in the consequences of damage to the original as well as the relationship between morbidity; the application of the law was not sufficiently clear, I proposed should be introduced to the notice or means to resolve the current law applies the "dual" situation. Finally, the author also put forward legislation and other appropriate measures to improve the existing system. |