由于医疗行为的专业性、高风险性、未知性以及“证据偏在”等特点导致医疗过错在诉讼过程中成为证明的难题。立法和司法实践都表明将过错要件的证明责任的分配视为解决过错证明难问题唯一办法是行不通的,要将关注点转移到如何缓解患者在证据偏在的情况的举证困难。本文从域外理论中的摸索证明为视角,在一定程度借鉴摸索证明理论达到缓解医疗过错证明难的问题。 Due to the professional nature of medical behaviors, high risk, unknowns and “evidence bias ” and other characteristics lead to medical malpractice in the litigation process has become a problem proved. Legislation and judicial practice both show that it is not feasible to regard the distribution of the burden of proof as a proof of fault to the difficulty of proofing the fault. It is necessary to shift the focus to how to ease the burden of proof on the part of patients who are biased in evidence. This article from the extraterritorial theory of exploration proved as a perspective, to a certain extent, to learn to prove the theory to ease the proof of medical malpractice problem.