Study On The Legal Problems Of Medical Liability Insurance

As an important measure of dispersing the medical risk, the medical liability insurance has already had a history of about 15 years in the western developed country , and has already made the obvious effect But the medical liability insurance market of our country is still an the starting stage, and because of the deficiency of the theoretical research and reality, a great deal of questions exist in actual operation Its function has not got due full play This thesis analyzes the subject matter that exists in the medical liability insurance course of our country at the present stage, to draw the helpful practical experience abroad and discuss several legal problems of the medical liability insurance system The thesis consists of four parts The words add up to morn than 40000 Part One introduces the current situation of the medical liability insurance of our country Except that narrate the current situation of the medical liability insurance market of our country and existing problem briefly , this part is on the basis of analysing the medical liability insurance system and relevant legal system question, have described the main characteristic of the medical liability insurance system and development orientation in our country, for several question that part discuss establish reality and theoretical foundation behind the article.Part Two discusses the responsibility range of the medical liability insurance On the basis of evaluation and analysis our country's existing medical responsibility insurance clause, with the current situation of health care of our country, this part defines medical responsibility range of liability insurance from three respect of insured person range, insured liability range and exempt responsibility range 0Part Three discusses how to define the insurance responsibility of the medical liability insurance Because what the medical liability insurance is given cover for is the compensation responsibility that medical organization should bear for the third person in accordance with the law, supported by medical dispute civil compensation system partly, this part discusses medical liability insurance responsibility assert, concrete compensation sureness of amount of money Part Four analyses the third parties' right of direct action in medical liability insurance Because of the poor regulation of the liability insurance in our "Law of Insurance", there is dispute about whether or not the third parties can ask for insurance premium directly against insurance company On the purpose of protection of the third parties, this part probes into the foundation and way that the third parties ask directly for right from two respects of theory and practice...