Liability in medical malpractice is a kind of tort. It is the responsibility to commit unlawful acts which cause damage to others regarding property, health, personality, and personal rights that previously occurred between the medical practitioner causing the damage to a patient. The unlawful acts are not described in the contract and are not scoped in the contract breaches. The actions of causing damage outside the contract infringe upon the group of persons entitled to be protected by law. Civil Code and Law on Medical Examination and Treatment are mainly applied in Vietnam. However, compared to other legal, medical malpractice systems, Vietnam’s legal one has faced many challenges in determining the wrong acts from the medical practitioners. The study used the method of comparison and analysis between Vietnam and some European countries to find the differences. There are some recommendations for Vietnamese medical malpractice law in the tort system.