The Research On Physician's Liability Insurance System

With the improvement of legal system and the enhanced awareness of patient to safeguard rights, there are a growing number of medical disputes, and the contradiction between patients and doctors is becoming increasingly acute. So there is an urgent need for the introduction of the insurance mechanism to resolve disputes between patients and doctors, pass the risk of practicing physicians. However, compared with overseas, China's theoretical research in this area is rarely related with. And practical operation is also lack of experience. Thus it remains to be further improved.First of all, the insured person needs to be defined in order to carry out the medical liability insurance. It is necessary to distinguish the physicians'liability insurance and medical institution liability insurance according to different insured person. This will better for insurance company to do their targeted business and to promote the establishment of the physicians'liability system as soon as possible.The contract of physicians'liability insurance is the core content to physicians'liability insurance. Through drawing on the successful experience of overseas, it has been clear that the main body of the physicians'liability insurance should include the policyholders, the insurers, the insured person, the third person and the auxiliary insured person, etc; the insurer's defense obligation and third person's right of request directly has be affirmed; the liability areas should include the insurance responsibility and the exclusion. It mainly underwrites the medical disputes caused by practice negligence, and it should base on a claim for insurance. It claims that the compensation for moral damage should not be included in an exemption clause and to implement the maximum quota; we can use the increase-decrease method to determine the basic premium and change the rate of premium according to the degree of risk of different sections. This will make the physicians'liability insurance contract more operational. And it has a better practical guidance value for the insured.The support of external system is indispensable for the establishment of physicians'liability insurance. In light of China's health care system and the status quo of physicians'liability insurance, it is necessary to establish mandatory physicians'liability insurance and accompanied by the introduction of commercial mechanism in this process in order to broaden the invest channels of the insurance companies. At the same time it should clear the role of government in the process of establishing the physicians'liability insurance system, coordinate the division of responsibilities between the relevant departments of the government, and improve constantly the variety of complementary measures.