Improvement Of Chinese Medical Malpractice Insurance Legal System

Medical malpractice insurance initially originated in western countries, in the long-term historical development process, there has formed fairly complete system in these countries. Relatively, medical malpractice insurance appeared in our country in the late 1980’ s, has only 20 years of history up to now. Initially, each areas introduced medical malpractice insurance for the purpose of relieving the serious physician-patient contradiction, hoping the insurers can act as a neutral third party, build a non-litigation dispute settlement mechanism for the settlement of medical disputes. In this way, insurers will bring the medical dispute out of medical institutions, creating a good environment to guarantee the normal operation of medical institutions, and make sure that the victim patients can get real compensation through insurance.However, referring to the development of medical malpractice insurance since its introduction, the effect is not very ideal. On the one hand, insurance companies is lack of risk assessment data, so it is difficult for them to set rational rates. For fear of high losses due to the compensation award, insurance companies tend to be unwilling to promote the development of medical malpractice insurance, leading to the under supply, and the quality of insurance products and service is also need to be improved. medical institutions, on the other hand, have a misunderstanding of medical malpractice insurance, their awareness of risk prevention and control is not strong enough, and the enthusiasm of insurance is not very high. In addition, because the dispute handling personnel’ s professional ability is insufficient, and the cognizance standard of damage fact and responsibility is fuzzy, these restrictions lead to the deficient of rationality in the conclusion about damage compensation liability came from non-litigation medical dispute settlement mechanism, which make trouble for the claims work of insurance companies.In recent years, our country is continuing to push forward the medical malpractice insurance at the system level, at the same time, each areas has began to explore establishing third party mediation committee as a specialized non-litigation settlement mechanism handling medical disputes. Confronted with the problems of medical malpractice insurance itself, and burdening special mission under the background of new situations, how to improve the system of medical malpractice insurance in our country, make it give full play to transfer the medical liability risk and ease the tense physician-patient relationships has become the problem need to be faced. This article will analysis the feasibility and necessity of improvement of medical malpractice insurance legal system. Based on the implementation situation of medical malpractice insurance in our country, find out the existing problems and analysis the causes. By introducing the medical malpractice insurance systems and non-litigation medical dispute settlement mechanism of the United States and Japan, draw some beneficial enlightenment from the advanced experience of these two countries. On this basis, put forward some ideas about how to perfect the main terms of the medical malpractice insurance contract, make the role of medical malpractice insurance in non-litigation dispute settlement mechanism definite. Hope that the introduction and analysis in this paper can make recommendations for the future development of medical malpractice insurance system and practice.This article can be divided into three chapters, with introduction in the front and conclusion behind. The main contents are as follows:The first chapter is mainly about the basic theory of medical malpractice insurance. After analyzing the characteristics of medical practice, point out that we can’ t deny the fact that during the medical practice, the physicians may be negligent, and the negligent act would bring about damage to the patients. As a result, the physicians should assume the responsibility for the damage, which lead to financial losses inevitably. Because this kind of risk comply to the elements required by insurable risk, therefore it can be transferred by insurance. Then analyze the necessity of improving medical malpractice insurance legal system from three aspects. With the intervention of medical malpractice insurance, it will make the tort liability socialization realized, and the patients can obtained sufficient compensation from the insurers. At the same time, medical malpractice insurance transfer medical liability risks to the insurers and enhance the level of risk management of medical institutions, it also share responsibility for handling medical disputes. Next, introduce the development of medical malpractice insurance of our country briefly. Study the policy document of the central and local government, and survey implement situation of medical malpractice insurance in various areas, sum up the existing problems in this system and analyze the causes of these problems.The second chapter is the comparative study of the foreign medical malpractice insurance legal system. Choose the United States and Japan as main targets, introduce the medical malpractice insurance development history, basic framework and non-litigation medical disputes settlement mechanism of the two countries. Then make comparative study between this two countries’ system, emphasizing on implement mode, association pattern and disputes settlement mechanism, and conclude that China should implement mandatory medical malpractice insurance universally without distinguishing public and private medical institutions. Medical malpractice insurance should be located as nonprofit insurance product, act as medical institution and physicians’ s elementary insurance, and encourage multiple association patterns to be commercial insurance companies’ complement. Besides, there is a necessity to advance insurers’ involvement in medical dispute settlement.The third chapter is about the suggestion about how to perfect the medical malpractice insurance legal system in our country. Put forward some suggest to perfect three main clause in medical malpractice insurance contract, including the subject terms, the coverage terms, and the payment condition terms. In addition, propose that insurance companies have obligation to take part in the mediation process, provide sufficient service during this period. At last, suggest that the insurance regulatory authorities should conduct its supervision and administration duty, build a joint conference system with the health administrative authorities and justice administrative authorities in order to make the work mechanism run efficiently, and promote the improvement of the medical dispute mediation system.