Civil disputes caused by clinical misdiagnosis have grown rapidly in recent years. In legal evaluation， there is a problem of determining the liability of damage compensation and determining the scope. The empirical investigation of such cases concluded by the Jiangsu courts from 2016 to 2017 shows that the faults and responsibilities of the hospital should be determined on the basis of the medical appraisal conclusions， and the proportion of fault and responsibility of the hospital should be determined in accordance with the “reasonable person standard”. In determining the extent of damages， the principle of reasonable compensation replaces the principle of full compensation， and the space for damages is appropriately narrowed to prevent the unlimited expansion of damages. The determination of the amount of mental solatium shall place the suffering suffered by the victim and the injurer’s fault as equally important as the damage result， and shall not calculate twice the amount of the solatium amount.