In the medical malpractice litigations, the litigants of the hospital who have no burden of proof and the third person have the obligation in public law to supply medical documents to the court, which includes the obligation not only to supply medical documents and materials, but also to clarify them because of the professionalism of the medical activities. On this basis, the article analyzes the applied ranges and applicable procedures of the obligation to supply medical documents and materials, and to clarify them. Finally, it explains the legal consequences of violating the obligation of supplying medical documents. According to the medical practices and the relevant laws and regulations in our country, the civil evidence of medical disputes mainly take the form of documentary evidence, of which medical documents holds the major part, The circumstances do exist in the medical malpractice litigations in our country that the medical documents which the patients are to use are not in their possession, but in the hospital or the third person's. In consequence, if the hospital or the third person does not supply the medical documents to the patients at their request for the use of them as evidence, the patients will have difficulty in bearing their burden of proof. Therefore, to ensure the equal access to medical documents, the court shall order the hospital or the third person to supply the medical documents to the court. The obligation to supply medical documents refers to the obligation of the hospital and the third person who have no burden of proof to supply medical documents to the court when it conducts evidence -investigation. The mandatory use of the medical documents kept by the hospital or the third person is not for the private interest of the person with the burden of proof, but for the convenience of the court's evidence-investigation so as to ensure its correct exercise of jurisdiction. Therefore, it is the obligation of the hospital and the person to supply the medical evidence to the court.
