近年来,随着患者维权和法律意识不断增强,法院受理的医疗损害赔偿案件不断增多。由于医疗行为的专业性和特殊性,在审理过程中,有些问题较为典型,引起了一定的争议,本文选取了优势证据制度的运用、公平责任原则的适用以及医患沟通的证据认定三个要点进行分析,以期能够为医疗损害案件的办理提供有益的帮助。 In recent years, as patients’ rights protection and legal awareness have been continuously enhanced, the number of cases of medical damages accepted by the court has been on the increase. Due to the specialty and particularity of medical behavior, some problems are typical in the process of trial, causing some controversy. This article chooses three points of the application of the system of superior evidence, the application of the principle of fair responsibility and the evidence of doctor-patient communication Analysis, with a view to providing useful help for the handling of medical damage cases.