The Study Of Law Problem About Medical Liability Insurance

With incessant changes in medical science and technology, malpractices come up in endless succession. In the present system of compensation for damages, medical institutions and medics bear major liability for damages, which lead to high risk in medical workers'employment. In order to decrease and avoid medical risks, many medical institutions and medics resort to defensive medicine and over medicine, which waste medical resources and damage interests of patients.A sound society needs not only fair allocation system of interests but also that of damages. Socialization of underwriting the losses is an effective pattern in solving medical tangle fairly. Society has no reason to let patients bear the costs of medical risks, for they are the weak and should be protected by the society. But if medical institutions and medics bear the risks, it will enhance their burden and force them to retort to defensive medicine and over medicine. It is the medical nature and social nature of medical deeds and characteristics of medical tort that decides that the risks can not and should not be undertook by medical institutions and medics themselves, but should resort to mutual aid approach—medical liability insurance to solve this problem to manifest social equity.As a measure of dispersing the medical risk, medical liability insurance is put in many developed countries and regions, and has already made the obvious effect. But the medical liability insurance market of our country is still at the starting stage and because of the deficiency of the theoretical research and realities, a great deal of questions exist in actual operation. Its function has not got due full play. This thesis analyses 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 medical liability insurance.This thesis consists of five parts. It has more than 30,000 characters.Part One introduces the overview of legal system of medical liability insurance. Medical liability insurance is rose in the 1920s. Before the Second World War, medical liability insurance is not developed. After then, due to the substantial growth of malpractice awards, it is necessary for the malpractice liability insurance. Medical liability insurance is rapidly developed in European and American in the 1950s-1960s. A relatively sound medical liability insurance market has been initially formed in the 1970s. At present, medical liability insurance has been included in the scope of the statutory insurance in many countries. The insurance has been developed into an important type of professional liability insurance. Except that narrate the meaning of legal system of medical liability insurance, the composition and subjects of medical liability insurance, this part is on the basis of analyzing the causes and methods of medical risks, has described the valuable of legal system of medical liability insurance, for several question that part discuss establish reality and theoretical foundation behind the article.Part Two introduces legal system of medical liability insurance in current stage in our country. As a measure of dispersing medical risks, many prefectures have put out medical liability insurance one after another in China. This part briefly introduces the provisions of medical liability insurance at this stage, and analyses the two disputes about legal system of medical liability insurance. In addition, many factors restrict enthusiasm of insurance, such as, inadequate insurance awareness of medical institutions and medics, misgiving their reputation and low income of medics. Moreover, insurance companies have misunderstandings of medical liability insurance and are not careful enough in development of product and are lack of comprehensive talents. The reasons abovementioned result in such a status that medical liability insurance can not realize the purpose of socialization of underwriting medical risks.Part Three introduces legal system of medical liability insurance in some developed countries and regions. In the world, it can be roughly divided into the self-insured and the government-insured about medical liability insurance. American is the most representative country for the self-insured. As the economy developed, it has established a complete medical insurance system in the 1970s. Medical liability insurance is an important component. In American, private hospitals and professionals must be purchased separately medical liability insurance for avoiding huge losses caused by accidents or medical malpractice. It implements mandatory medical liability insurance. It is insured by government in England. Medical services are from a welfare nature. The hospital expenditure is primarily invested by government. At the same time, this part is on the basis of introducing legal system of medical liability insurance in these countries or regions, has described the development, features and other issues.Part Four discusses a number of legal issues about medical liability insurance, such as, the asymmetric information, the right to direct request of the third person, compulsory medical insurance, and other issues. For the asymmetric information, it requests the accurately personal information of the insured person, insurance obligations of the insurer, reducing the ethics risk of the insured by setting the insurance contract; For the right to direct request of the third person, this part quotes the legislative cases, and analyses the legal nature and classification; For the interests of insurance companies, insurance companies should be allowed to participate in the defense, reconciliation and other major issues. At the same time, this part is on the basis of the advanced concept in foreign and specific national conditions in China, has put the need of mandatory medical liability insurance and the legal regulations, such as, the insurance contract, the rights and obligations of the parties, and so on.Part Five discusses the legislative construction of medical liability insurance. This part expounds the legislative principle of medical liability insurance, the scope of compensation of medical liability insurance, the rights of the parties, the right to direct payment requests of the third person. In addition, it briefly analyses the prevention of moral hazard about medical liability insurance.