| Medical disputes are much discussed by the public in recent years. Among all the ideas, legal damages for medical malpractice victims are most concerned. The reasonable legal solutions for medical disputes are still to be worked out with great efforts world-widely. How to balance top priority on the patients' interests and human being's health is the common concern for both medical and legal researchers. Damages for medical malpractice are much studied from various points of view. The author analyzes some of the most important By means of comparison, historic analysis and exampling. The execution of "Medical Malpractice Settlement Rule" has resolved the conflicts to a certain extent but the current reality still needs further improvement. Laws to regulate medical services are not enough yet in China. To perfect the legislature for medical disputes is a pressing task. The first part of this article analyzes the concept and elements of medical malpractice, studies the basic theory of damages for medical malpractice, and concludes that the nature of medical malpractice is torts. The author suggests to reform appraisement mode for medical malpractice by web appraisement. The article points out some key points in apportioning onus probandi and introduces the effective experience of other countries is this field. In the final part, the author advises to put medical service under compulsory insurance so that the society, hospitals, doctors and patients all contribute for the collections of medical risk funds. Hoping to compensate patients better, balance the conflicts between medical service providers and patients, share the loss of medical service providers. To conclude, the author strongly calls on the constitution of a law for medical malpractice.
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