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Study On The Legal System Of Medical Liability Insurance

Posted on:2011-12-28Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y LiangFull Text:PDF
GTID:1116360332956978Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Medical liability insurance has been more than 200 years old since its birth. A sound and comprehensive liability insurance system has been established in the western developed countries. The Medical liability insurance appeared quite late in our country, it has been only about 20 years since the first policy was issued. The introduction of the medical liability insurance system by various regions is designed mainly to resolve the grim physician-patient relationship. The insurer of medical liability insurance acts as a neutral third party to provide medical dispute resolution mechanisms for dispute resolution outside of litigation, to protect medical institutions the normal and orderly operation, while efficient and convenient for patients by providing financial compensation for the damage. However, since the medical liability insurance has been implemented, it does not achieve the expected results. Through the in-depth research in this thesis, to provide the theoretical support and guidance for the Medical liability insurance practice. The text can be divided into six chapters.The first chapter is mainly about the basic theory of medical liability insurance. Medical practice is the logical starting of all medical issues concerned, thereof this chapter begins with the concept and characteristics of medical practice, pointing that we can only guarantee the definition of medical practice integrity from subject, object and contact three points of view. After analyzing the characteristics of medical practice, pointed out that during practice, the medical staff would be negligence, and the negligence act would incur economic losses, while these risks comply with all the elements required by insurable risk, therefore it can be transferred through insurance. By the comparative analysis, this paper proposed the definition of the concept of medical liability insurance, and summarized the legal characteristics of the medical liability insurance, and also briefly introduced the history of medical liability insurance. In order to further clarify the legal characteristics of medical liability insurance system, a comparative analysis is made. At the end of this chapter, the relationship between the medical liability insurance system and the tort liability system has been discussed, that the two systems are complementary and mutually dependent relations.The second chapter probes into the value of the medical liability insurance system. The value of system is the eternal theme of law, so does the medical liability insurance system. The author explores the legal, economic and social value of the system, concluding that after the intervention of the medical liability insurance, the loss of the victim get damages from the insurance company, the victim obtained sufficient compensation, realizing the distribution of a social justice in medical field by making up the lack of the corrective justice of the traditional tort law. A sound health care system not only need the different levels of medical insurance to provide for the people, but also need the medical liability insurance to be the necessary supplementation. Medical liability insurance can cover the current shortage of medical security system; the two systems together are able to achieve social justice. The existing dispute settlement mechanism is in poor situation, through the establishment of medical dispute resolution center, setting up a buffer zone between doctors and patients, through dialogue and consultation, to achieve the purpose of building a harmonious relationship between doctors and patients.The third chapter is the comparative study of the foreign legal system of medical liability insurance. Through the comparative study of the medical liability insurance of the common law and the civil law countries, selecting the reference aspects to make compare, we draw the meaningful revelation to the development of medical liability insurance in our country.The forth chapter is about the legal relationship of medical liability insurance. This chapter is aimed to solve the core issues of the medical liability insurance. Medical liability insurance is a commercial insurance, therefore all insurance appear to be contract. The subject of the contract mainly involves the scope of the insurer and the insured, the scope of the policyholders and the insured. Should be based on the different types of medical institutions. The nature of the subject of medical liability insurance should be tort liability, which is conducive to protection of the rights of patients, also in line with most of the world's judicial practice. The scope of the subject of medical liability insurance should not be only limited to medical accident; it should expand the scope from the medical accident to the medical damage. As for the third party's direct claim, it has been the worldwide trend to give third party the right to claim. It will not only improves the efficiency of proceedings, but also reduce the medical burden of litigation.The fifth chapter is about the current mode of the legal system of medical liability insurance in our country. After the introduction of the creation and the development of the legal system of medical liability insurance in various areas, summed up the characteristics of the current medical liability insurance legal system in China.Concluding the current problems with this system and analyzing the causes of those problems.The sixth chapter is about the design and perfection of the medical liability insurance system in our country. After introducing the medical liability insurance practice in various regions of our country, points out a statue should be established in the medical liability insurance, in which the subject of the contract, the responsibility and exclusions, the third party claim and the insurer's defense obligation should be regulated in the statute. Whether China should implement compulsory medical liability insurance has been a controversial issue, it is actually a general trend, but some objective conditions still remains resolved. Currently, in order to ensure the functionality of the medical liability insurance, the related legal system should be perfected. The medical damage compensation system is one need to be perfected, while the other is the non-litigation dispute resolution mechanism.
Keywords/Search Tags:Medical Liability Insurance, The Scope of the Subject of Medical Liability Insurance, The Direct Claim of Third Party, The Insurer's Obiligtion to Defend
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