The civil disputes caused by clinical misdiagnosis have been growing rapidly in recent years. There is a problem in the legal appraisal of the liability determination and scope determination of damages. The empirical investigation on such cases concluded by Jiangsu courts in 2016-2017 shows that the court should consider the merits based on the conclusion of medical assessment on the basis of determining the fault and responsibility of the hospital and determine the case according to the "reasonable person standard" Party's fault and responsibility ratio. In determining the scope of damages, the principle of reasonable compensation replaces the principle of full compensation, appropriately reducing the space for damages and preventing the unlimited expansion of damages. The determination of the level of the sobriety fund should place the victim's suffering and perpetrator's fault at the same level as the result of the damage, and should not be calculated twice by the amount of the sojourn payment