In the present national justice practice, medical torte and injury compensation in public medical organi2Ation is not included in national compensation areas. The authors thought it was a wrong judegement of law pr9perty between doctors and patients in the public medical and health cause, which severiously violated the legal rights of both doctors and patients. No matter in continental law system or GB/USA law system, such medical torte and injury compensation are fit into the national compensation. Since our National Compensation Law does not exclude `public hospital’，due to torte,will p ay compensation to citizens,juridical persons and other organizations when their legal rights are damaged, even with the current law, torte and injury compensation for public units should have no obstacles when brought into national compensation.