Research On Medical Liability Insurance

Medical treatment is related to man and it is difficult to predict the consequence of it because of complexity. Unfortunately, we often come across the phenomenon that the doctors are lazy to make a diagnosis, for fear of undertaking the responsibility of compensating. In order to improve the medical science, it is time to build up the system of medical liability insurance.Parties and interested parties are the subjects of medical liability insurance, while parties consist of policyholder and the insurer, and interested parties consist of the insured and third-party. Now, the theoretical circles focus on the definition of policyholder. In my opinion, insurance premium should be borne by medical institute and doctors together in corporation. The theoretical circles also focus on the scope of the insured. I think as the insured, the doctors should be comprehended with narrow sense in principle. But in consideration of the protection of the third-party's rights, the scope of the insured can be broadened to some extent. Since the insurer and the insured play an important role in insurance, it is necessary to make their rights and obligations clear.While the policy of medical liability insurance can provide broad third-party coverage, it also contain several uniform exclusions from coverage. On the one hand, the insurer everywhere regulates the exclusions in order to avoid the moral hazard and avoid the overweight liability of himself. On the other hand, the insurer is obliged to explain these exclusions definitely to policyholder. In order to attain the aim, the insurer may try to transform the explanation of exclusions into written language by printing and so on. There exists so many deficiencies in current exclusions clause of medical liability insurance, so a lot of work should be done to make it perfect.The insurance object of medical liability insurance is medical liability, and how to judge the medical liability is important to the construction of medical liability insurance. As far as I'm concerned, the criterion of legal judgment for medical liability can be stated as follows: medical fault, medical damages, medical malpractice and cause and effect. In most cases, we infer that the doctors have fault if they don't fulfill their obligations of reasonable care. So the reasonable care is regarded as the most important criterion in judging medical liability. Certainly, medical damages and cause and effect are indispensable to medical liability too.Medical damages are generally manifested by the torts of the rights of life and body. With the consciousness of rights strengthened, medical damages are also manifested by the torts of the rights of intimacy and honor. In these days, the prevalent theory of cause and effect is fact cause and effect, law cause and effect. The article adopts the opinion and make a research on medical liability insurance by it.Liability insurance originated solely as a protection for the interests of the insured against loss suffered through liability to third-party. Since indemnification of the insured was the sole function of the insurance, the rights of the injured third-party could be neglected to a great extent. In subsequent years, legislation has radically transformed the function of indemnification into the function of protection of the rights of third-party. Now, the liability insurance becomes the modern type of insurance, and the value of the function of protection of rights of third-party is continued. So I always rack my brains to make out how to protect the third-party rights in medical liability insurance. I think such aspects should be included. In the first place, compulsory insurance should be adopted by medical liability insurance. Secondly, there is poor in direct insurance claim in Insurance Law of the People's Republic of China before and it is harmful to the protection of the third-party rights, so direct insurance claim should be endowed to the third-party as soon as possible. Thirdly, medical verification is essential to insurance liability, and w...