The Legislative Studies Of Medical Liability Insurance

Because the medical activity is high risky, the medical establishment wants to share in the economic loss with other hospitals. That is the realistic groundwork for Mechanism of Medical Liability Insurance. The categories of risk which the Medical Liability Insurance can transfer are medical malpractice and medical fault. It has over one hundred year history, and being established in many developed countries. There are three mature Mechanisms of Medical Liability Insurance in the world. In America the pattern of Medical Liability Insurance is self-preservation, and in Britain the pattern is co-operation. The third pattern of Medical Liability Insurance is the medical association to buy Medical Liability Insurance for the doctors in Japan. It was introduced to China at the end of 1980s, being experimented in many cities or regions. The proclamation of the statute on medical accident disposal in 2002 makes the Medical Liability Insurance more important and popular in China. But development is far less than expected. In our country the pattern of Medical Liability Insurance is not unified. It is diversiform. The defects in the Mechanism of Medical Liability Insurance are very protruding in the whole country. First,the demand of the hospital to the Medical Liability Insurance is insufficient. Second, the government failed to take advantage of their location in the Medical Liability Insurance. Third, the clause of Medical Liability Insurance is not consummate, which can not offer the hospital's demands.Forth, the related legal norms are absent, which make Medical Liability Insurance unsystematic. 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 abroad and discuss several legal problems of the Medical Liability Insurance system. Firstly,medical establishment should be compelled to insure claim for the Medical Liability Insurance by law. Secondly, to grand the insurance claim for the third party. Thirdly, we should make the commercial insurance company as the male insurer. The insurance costs are assumed by medical staff and insurance institutions. So that insurance liability and medical personnel is closely linked. Fourthly, to make the appraised result of Medical Malpractice more fairness,we should improve the appraise establishment of Medical Malpractice.