Medical errors have been become a global problem. It is showed that more modernization the country with more severity the problem of medical error. It has occupied eight position in the cause of death in U.S.A. In China, it is used to take the concept of the medical accident, however, the concept of medical accident has also defined in the Criminal Law of Chinese People Republic. So, we must define clearly the concept on the medical error for the internationalization.
Res Ipsa Loquitur is a legal specialized term by Latin. It is used to deal with tort cases in legal system of English and American for more than 100 years. It is used to identify the negligence in the medical practice. There are a number of arguments for identifying the medical error and negligence in our country. To analysis, compare and discuss the doctrine of Res Ipsa Loquitur, maybe, can help us to deal with medical impact.