On Analysis Of The Legal Basis And System Construction Of Medical Liability Insurance System

Establishing a medical liability insurance system which is applicable for Chinese situation can take important place in distributing the risk of doctor, protecting the right of the sufferer, promoting the development of medicine and harmony society. In the process of medical reformation, how to use the system of medical liability insurance to improve the inner management of the medical institution and the medical technology, to solve the insurance premium raising, to innovate medical liability insurance and the model of risk-sharing has been the difficulty in constructing the medical liability insurance system. In the context of modernization and fair share the fruit of reform and opening, seeking the safeguard of legal system and legal theory and reform the medical liability insurance system can motivate the benign interaction between the medical institution and the sufferer and enrich the theory of the medical liability insurance and health law.The medical liability insurance is for resolving the medical dispute and take great place in resolving the dispute and its destination is just for this as far. Medical liability insurance system can liberate the medical staff from the medical dispute so that they can provide high quality of medical service with relax motion and apply frontier medical technology and discover the unknown area in medicine and promote the development of medicine. Thus this article is starting from the resolving the medical dispute and mainly for constructing the medical liability insurance system. The main viewpoints and content are as below.1. On the basic theory of medical liability insurance system:Starting from the function of medical liability insurance analyzes the character of medical liability insurance system in China and other country. With the concept of intergenerational equity of medical resources, this article set forth the defect of the current medical liability insurance system and proposed new concept of medical liability insurance system adjust to the harmony society;2. On the medical liability insurance system:to spread the medical institutions and staff occupational risks as a precondition to promote the development of medicine, based on protection of patient rights at the core, through the promotion of short-term long-term objective analysis, this article proposes medical liability insurance system which can meet the national medical industry (including the disease diagnosis, treatment, hospitals, clinics, nursing homes, health center and first aid stations, and plastic surgery), to make up the defects of the medical institutions and staff. 3. On the funding of the medical liability insurance system:Through analyzing the financing system of the medical liability insurance, with the embedded theory, headed to the compulsory medical liability insurance, according to the risk tolerance of the medical institutions and staff and economic income, this article innovated medical liability insurance financing system, and with the theory of intergenerational equity, reflected the current fiscal transfer payment system and innovated the financing sharing system of all levels government.4. On the ancillary system of medical liability insurance:Through analyzing the environment of the medical liability insurance system, with the system theory, explicating the mutual operation medical liability insurance and medical dispute diverse solution, this article innovated some specific ancillary systems. In the actual wording, this article is divided into three parts. The first part is the basic concept and interpretation of the basic system, this part includes first, second and third chapter, the second part is the system of reference and compare the present status of medical liability insurance system for empirical study and analysis, embodied in Chapter IV; third part is the system construction, in the fifth chapter.The viewpoints and content are as follows:A brief introduction in addition, this article was made up of five chapters, the fifth chapter is conclusion of the full article.In introduction, this article introduced medical liability insurance system and its research status and its practical value and theoretical significance and research methods.The first chapter is analyzing the origin of medical liability insurance system, which is divided into three sections. Section I studied the status of doctor-patient relationship. A variety of sources indicated that increasingly tense relationship between doctors and patients, physician-patient conflict has become a harmonious society in an extremely disharmonious factors; while empirical investigation of this article also indicated that the physician-patient relationship is strained in recent years and even difficult to maintain the normal order of medicine. Section II analyzed the direct and indirect cause of doctor-patient conflict from a sociological point of view. The growing awareness of the social rights of the strong, the awakening of consciousness, the growing complexity of physician-patient relationship and the infinite limits of human life and medical development is lagging behind the pursuit of the conflict constitute a doctor-patient indirect contradiction causes and origins; The implementation of set goals not satisfied patient triggered conflicts and achieve the desired goal, but consumes extra time, effort and money caused the doctor-patient conflicts are the direct cause of patient and the nature of conflict. Section III analyzed the growing tension in the system of the legal response to physician-patient relationship and analyzed the medical practice by combing the principle of the development history of Tort Liability and Compensation System medical practices found that the current system difficult for countries to medical staff at ease, peaceful treatment of the environment; more difficult for the medical patients in the medical staff and sometimes two sides have had no adverse consequences Fault cases, bear all the negative consequences of the compensation patients, and this time they were most likely based on his health or life at the expense of promoting the development of human medicine. Therefore, a system should be designed to adjust to overcome the shortcomings of tort law, that is medical liability insurance system. By this system, distribute the medical risks, protect patients and medical staff then promote the development of medicine.Chapter II including three sections demonstrated the legal basis of medical risk-sharing and the commitment of the principal medical liability insurance premiums. Section I and II discussed the legal basis of medical risk-sharing and the sharing of the subject. Modern technology and industry make social risks to be shared. Economic globalization will magnify this risk that individual alone can’t stand. Medical risk is an integral part of social risk that the individual can’t be solely responsible for. Therefore the future of human society as a whole share the risk, and the state is the main social risk-sharing; Medical institutions and medical staff have responsibility to hold the risk; Patient care behaviors may be direct beneficiaries, the risk-sharing in the medical system, should be held accountable. Section III analyzed the role of medical liability insurance. From the microscopic analyses, medical liability insurance will greatly ease the medical disputes. The medical institutions and staff should be in a better medical environment raising the level of medical technology. From macro analysis, medical liability insurance will balance the interests of humanity on behalf of the class, and promote the development of medicine, will also expand the insurance industry.The third chapter analyzed the medical liability insurance coverage including two sections. Section I analyzed "Tort Liability Act" on medical malpractice tort compensation system and medical practice requirements. Based on "Tort Liability Law" and medical personnel have the responsibility ant fault, not at fault is not responsible. As the complexity of modern medicine, many negative consequences based on modern scientific and technological means could not be avoided, the responsibility should not be hard since the rescue of the medical staff or hospital burden, and all such risks borne by individual patients is also very unfair. An insurance mechanism should resolve such social injustice. The insurance mechanism should not only cover medical negligence, it should also cover non-medical negligence. Medical development will solve the problem of doctor-patient conflicts.The fourth chapter is about the status of medical liability insurance system and the developing trend including three sections. This chapter described the United States and Taiwan status of medical liability insurance system and developing trends. Section I and II analyzed very typical countries medical liability insurance system, the United States and medical culture in mainland China and Taiwan region. The US is improving medical liability insurance system more perfect but very intense conflict country whose system’s advantages and disadvantages are obvious. The theoretical study and promoting reform plan have become more sophisticated. More importantly, The US contemporary medical liability insurance system and the plight of tort law improve health care quality and improve patient compensation. The US medical liability insurance system is the construction of medical liability insurance system important reference. Taiwan and the mainland of the two cultures, the choice for the system have the same cultural background. Taiwan is now the problem troubled by the mainland. The success of medical liability insurance system and the fault is also an important mainland reference. Section III is about the status of medical liability insurance system blocked the introduction and implementation of analysis of the causes. Medical liability insurance in our country is coming out in recent years. Several years of practice show that people are not real optimistic about the operation. Its development can be said to falter. Mainly for the following reasons led to this situation:the current medical liability insurance companies insurance products for design flaws and can’t meet the needs of medical institutions; the insurance industry, the lack of medical liability insurance rates necessary to determine the required experience and the necessary historical data; Reinsurance support for hard to find. Meanwhile, the lack of overall quality of medical institutions and medical malpractice system, are also difficult to lead the implementation of medical liability insurance.The fifth chapter is medical liability insurance system construction including three sections. Section I is about systematic medical liability insurance in the current situation. Meanwhile, the current policy, the local standardization, the provision of the medical liability insurance and medical the settlement of disputes are closely linked, about to abroad, the defects of the system of medical liability insurance concern is not enough. Section II analyzed medical liability insurance system building the foundation of reality:shaping medical liability insurance system, legal norms and policy documents, have certain medical liability insurance operation experiences of medical insurance subject, a certain understanding of insurance of liability of the insured, the initial scale supporting system. Section III demonstrated the medical liability insurance legal system construction. Through the analysis of the legal system of medical liability insurance, medical liability insurance legal relations subject and relevant parties, medical liability insurance law system of main contents and related supporting system perfect legal system building medical liability insurance. Concluding the article, I believe that medical liability insurance system has been described clearly. Based on the macro discussion of medical liability insurance system, by comparing and drawing the U.S. and Taiwan’s medical liability insurance system,sort out and analyze the legal system of medical liability insurance status, and empirical research of the actual current medical liability insurance operation.This article is advancing our medical liability insurance system, with horizontal(domestic and foreign medical practice liability insurance system) and vertical(change of medical liability insurance system, the future direction) both study and research to expand, proposed to spread the risk of medical practice and patient rights protection from the perspective of equitable medical liability insurance system, the theoretical framework and system innovation path; and the research scholars have been critically learn from the medical liability insurance theory, system theory, intergeneration equity, rights and obligations theory, theory of state intervention and other resources, while maintaining the principle of integration theory with practice, the general theory combined with empirical research,expand the interviews, observation, seminars, clinical investigation in the form of social investigation, to obtain first-hand empirical research data for theoretical summary of the experience to provide scientific support.As to specific research method, this article analyzed medical liability insurance system practice at home and abroad. Using social research methods examined the operation of medical liability insurance system status, using quantitative analysis to determine the system of medical liability insurance system environment have a major factors to explore the medical liability insurance system in China should be contingent picture, on the promotion of constructing of harmonious relations between doctors and patients of medical liability insurance system innovation path.Through this study, analysis and verification of medical liability insurance system for doctors and patients in resolving conflicts and building a harmonious society, equity and intergenerational equity of human development the role of medicine for improving the medical liability insurance system and hospital management to provide a theoretical basis for promoting the establishment of comprehensive system of medical liability insurance system.