On Legal Problems And Solutions For Medical Liability Insurance

Responsibility for insurance in China has gradually carried out from the first century BC, but its growth rate has been very slow, in the proportion of property insurance is also low and the reason lies largely due to the liability insurance risk with particularity, and the civil legal system is closely related to sound and perfect. At present, China Insurance Law and other relevant laws and regulations made only for liability insurance provides for the principle content less and less vague. This article attempts to analyze the medical liability insurance medical liability insurance from the nature of competing insurance, third party claims, defense articles, deductible clauses and legal environment, and thus relevant for the future healthy development of liability insurance to provide some reference.To study these issues, the paper is divided into four main parts.The first part is relating to the nature of the medical liability insurance system and the legal relationship.The second part is relating to the medical liability insurance for third party compensation claims. Specifically, we introduced the medical liability insurance and tort liability system, health care close relationship.The second part is relating to?concurrence of medical liability insurance. From the "Insurance Law" We discussed the principles and provisions of medical liability insurance competing legal principles and treatmentThe fourth part is relating to Medical liability insurance contract comparative analysis of some important terms. We detail the United States, China Taiwan, China Medical Liability Insurance Medical Malpractice and defense on the terms of the cost of medical liability insurance medical liability defense deductible clause, discusses the insurer and the insured person's defense of the rights and obligations.The fifth part is relating to the status of medical liability insurance and legal problems. We introduced the medical liability insurance of the development process of the external and internal problems, described the medical liability insurance of legal barriers, revealing the main problems.The sixth part on the basis of system of medical liability insurance, clause, legal environment, problems, the author put forward a series of solutions for medical liability insurance improving. First, the combination of the compulsory insurance system and civil compensation system should be established in legislation; as well as third party compensation claims establishing. Meanwhile, the third claim should be added to the Insurance Law. Secondly, in terms of medical liability insurance items design, insurance period, insurance defined mental damages, and other articles should be fully considered, optimizing the insurer and the insured's rights and obligations. Finally, on the handling of medical liability insurance program proposed improvements, including changes in procedures for handling medical disputes and the establishment of an independent mediation identification procedures for the medical liability insurance, paving the way for the development of the procedure...