Medical malpractice lawsuits occur often in modern society. In order to protect the right of patient and make the facts of causing medical malpractice can reach consensus for both parties; court must handle related evidences of medical malpractice. However, medical service is highly professional that must conducted by professional experts to do examination for lawsuits. As time goes by, traditional experience medicine seems to be replaced by the development of Evidence-Based Medicine gradually. Evidence-Based Medicine played an important role exercised by Medical Malpractice lawsuits which turned out to be a new wave in medical community of Taiwan. Simultaneously, Evidence-Based Medicine became a key factor influencing the attitude of court toward Medical Malpractice in legal procedure. This article assessed that doctor whether a delay or failure in diagnosis makes biopsy. Evidence-Based Medicine is an important assessment of what a standard physician exercise. By literature review for mortality and survival analysis, the mortality rates of gastric adenocarcinoma would assist the judge successfully handling medical malpractice cases. Evidence-Based Medicine also can assist judge to figure out the evidence of establishing negligence and relationships between cause and factor. Both parties can benefit from a just and reliable trial. Meanwhile, Evidence-Based Medicine research materials would provide the reference for judge making judgment for civil case and criminal case.