Studies On Legal Feasibility Of Performing Compulsory Medical Damage Compensation Responsibility Insurance In Chongqing

In recent years, with the quick increasing of the medical disputes and increasing conflict between hospitals and patients, the amount of compensation gets higher and higher. The complicated disputes not only disturb the normal order of hospitals, but also lead to the pressure for medical organizations and their staffs. Phenomenon appears that some hospitals do not carry out the medical treatment behavior of risks for avoiding disputes. It injured the patients'benefits seriously and also obstructed the development of medical science. Then people in all circles want to attach the aim of shifting the medical risks and completing the injury through the risk shifting system to realize the balance of interests for both hospitals and patients. Medical damage compensation responsibility insurance system has been regarded as the best way to deal with disputes and mitigate contradiction between hospitals and patients, and shift medical care career risk. The system has been carried on for over 100 years and occupies an important position in western countries. Many countries have listed the system as legal insurance and regulated that medical staffs must join the insurance. This insurance has entered China in 1980s. However, the medical damage compensation responsibility insurance system is still a new thing in China and it has some problems. Besides, China has performed the pattern of joining the insurance voluntarily. So percentage of joining the insurance is very low. The development of medical damage compensation responsibility insurance system is not very good. The development is in the dilemma that hospitals are not active in joining the insurance, and insurance companies wait and observe the system. Thus it is a topic to be solved that how to make medical damage compensation responsibility insurance exert the function to mitigate medical care disputes and maintain the rights of patients. To make medical damage compensation responsibility insurance exert larger function, some places such as Yunnan, Shanghai, Shenzhen, Beijing and so on have listed the insurance as local compulsory insurance. Many other provinces and cities are in active plan. The medical care organizations in Chongqing have also faced the problem of medical care disputes. They need medical damage compensation responsibility insurance to shift contradiction between hospitals and patients. The paper will introduce the basic conditions to perform medical damage compensation responsibility insurance system in and out of China. It will get to know the understanding of medical care organizations and medical staffs about the medical damage compensation responsibility insurance through the investigation and will analyze the necessity that Chongqing carries out medical damage compensation responsibility insurance system compulsorily. Then it will conclude that Chongqing establishes the legal pattern of compulsory medical damage compensation responsibility insurance and provide suggestions about reasonably performing compulsory medical damage compensation responsibility insurance. The paper will expound it in five chapters:Section 1: Introduce the concept and patterns of medical damage compensation responsibility insurance. Analyze the necessity of carrying out medical damage compensation responsibility insurance.Section 2: Introduce the basic conditions to perform medical damage compensation responsibility insurance system abroad.Section 3: Introduce the basic conditions of some cities and provinces to perform compulsorily medical damage compensation responsibility insurance system in China.Section 4: Investigate the opinion of medical care organizations and medical staffs about the medical damage compensation responsibility insurance.Section 5: Through analyzing the present state of medical disputes, the approach to deal with it, the necessity of carrying out medical damage compensation responsibility insurance system compulsorily, favorable conditions and unfavorable conditions, explain clearly the reason of carrying out medical damage compensation responsibility insurance system compulsorily and provide suggestions about reasonably performing compulsory medical damage compensation responsibility insurance in Chongqing.