Research On China's Reform In Medical Liability Insurance On The Basis Of Relevant American Experience

The medical mission is to saving lives, since ancient times which has been regarded as "benevolence". In people's minds, physicians enjoy a high reputation. However, medical treatment will in essence cause injury, improper medical treatment to the patients' lives will be a huge threat. Considering some factors, which are most closely linked with people's health, such as the high level of medical professionalism, a high degree of risk and so on, we can get an idea that developing the Medical Liability Insurance is necessity and urgency. At present, the tension between doctors and patients is very nervous, health care disputes increasing rapidly. Obviously, only depending on the medical tort liability system has been unable to adapt to the harsh reality. The State Council in 2002 promulgated "Medical Treatment Regulations" Making the Medical Liability Insurance becomes even more important, which has attracted the concern of the community society. However, in our country, there are still many difficulties in the implementation process of Medical Liability Insurance, we need to learn the advanced experience of foreign countries with a positive attitude. Based on the background of China's national conditions, we should promote medical insurance system reform in our country, and further improve the development of health care.United States has a century-old system of Medical Liability Insurance, whose experience is the most worthy of study and learn. I try to do simple research on the Medical Liability Insurance of the United States, and on this basis, propose some measures about how to solve problems in China. Under the title of the thesis, at least four points that needs demonstration: First, what is the Medical Liability Insurance and what is the theory and practical significance of developing Medical Liability Insurance; Second, what are the difficulties which the United States has encountered in the process of developing medical liability insurance, and what are enlightenments we can get from this; Third, what are the biggest challenge we will face in the process of development of Chinese Medical Liability Insurance; Fourth, it is necessary to further advance our country's implementation of the Medical Liability Insurance, and which measures should be taken during the process of reform.With the object to solve these issues, this thesis is divided into 4 parts, which are corresponding to the above four issues:The first part consists of introducing the reality and theoretical foundation of Medical Liability Insurance. First of all, from the basic reality - health risks of the medical liability insurance to define the scope of medical risks. Secondly, I will introduce the definition and basic properties of Medical Liability Insurance. Finally, according to the Medical Liability Insurance system's function of protection the occupational risks, describes the necessity of setting up a sound system of Medical Liability Insurance.The second part introduces the history of American Medical Liability Insurance, and the revelations which China can get from. First of all, I will briefly describe the history and current situation of American Medical Liability Insurance, mainly introduce the problems in the field of Medical Liability Insurance. Elaborate on the theoretical foundation which trigger the crisis of medical liability insurance, on the basis of reality, reveal the real causes of the crisis. Secondly, I will summarize the revelations from three main aspects: First, the compulsory Medical Liability Insurance is the trend of development; Second, the principle of restrictive damage compensation has been over-estimated; Third, the importance of the determination of Medical Liability Insurance premium rates.The third part introduces the status of the process of development of our country on medical liability insurance. First of all, I will introduce the process of development of our country on medical liability insurance: From the 1980s, our country has just begun a pilot of Medical Liability Insurance, because legislation improved the Medical Liability Insurance industry, which caused the rise of the individual provinces and municipalities to encourage, promote, or even enforce medical liability insurance through the issuance of the form of normative documents. Secondly, on the basis of the previous text, I will sum up our country the status of Medical Liability Insurance, and reveal the main problems, finally come to the conclusion that the medical liability insurance should be reformed imminently. The fourth part on the basic of drawing on the experience of the United States, proposes suggestions of our country medical insurance system reform: First of all, I will set up a mandatory nationwide system of Medical Liability Insurance, our discussion is from a practical point of view of our country; secondly, I will regulate the restrictions on the compensation principles, summed up the advantages and disadvantages of restrictions on the principle of compensation, bring forward the norms of practice methods; Third, in order to determine the medical liability premium rates on a more rational basis, we should set up a detailed database of the medical responsibilities to treat the risks differently; Finally, I will standardized identification system of medical liability, really realize the implementation transparent, fair and just.