Discussion on the limited compensation of medical malpractice liability

How to determine the scope of medical damage compensation in medical tort cases is not only an important issue,but also one of the most controversial problems in the proceedings of lawsuit.In judicial practice,the medical side often claims limited compensation according to the Regulation on the Handling of Medical Accidents,while the patient side claims full compensation according to Tort Liability Law of the People's Republic of China.So which compensation pattern is suitable to deal with medical tort cases? How to balance the interests of the parties and social benefits? I believe that the medical malpractice liability is a special type of tort liability.In order to solve the problem,although we can not leave the framework of Tort Liability Law,we must consider the public-welfare of medical industry.We should take special limited medical malpractice compensation rules,and Tort Law should provide for the medical industry some special protection.Thus we can decrease the patients' medical expense and the burden of medical institutions,and ultimately reduce the burden of medical expenses of all patients.