Study Of The Legal Issues Of Medical Liability Insurance

Medical profession has a high risk; medical circles generally admit, "Medical treatment is damage exists here and there ". How to share the medical malpractice responsibility if the impairment takes place during medical treatment is the important question. On one hand, the higher medical compensation for damage makes the medical organization more burdensome. On the other hand, medical treatment damages need too high social cost, and tort liability cannot ensure the victim to win actual compensation, and so, medical dispute emerges easily. Then medical circle and law science researcher shift through risk system to consider both and shifting the medical risks. Practice has proved, the insurance is the victims and the risk shifting system; there is social insurance medical liability insurance of the commerce mainly at present.According to our country's conditions, this article tries to free the medical organization from the medical dispute and meeting the medical impairment compensation. Setting up the Medical responsibility mutual aid insurance within medical groups. The first part of this text has described the limitation of tort law in solving the medical malpractice; it is dealed with medical treatment damage judicial practice and deficiency. The second part of article is on the basis of first part, through analyzing the crisis of the tort liability and the expansion of the liability to solving the limitation in medical treatment, so, we must try to seek a alternative for medical impairment compensation outside the system of liability for tort -Medical liability insurance. However, this insurance system exist seriously insufficiently for various reasons, the domestic medical dispute still can't be alleviated effectively. The article especially pointes out that the fault and specialty of our country traditional medical liability insurance and Shenzhen's medical liability insurance .In the third part, the writer set forth the principle of law of the medical malpractice insurance system. The fourth part points out the major defect on the insurance clause design. Prove that medical legalenvironment of liability insurance of our country is not perfect, so, we must analyze the practice question of the medical liability insurance in terms of law and offer legal support for the medical liability insurance system. The last part of article on the basis of the four parts set forth how to set up more effective medical responsibility insurance system to shift the risk of medical profession. And so, the article describe from following respects exhaustively. 1, elaborate the historical background and the developing of the system, and describe the advantage of this system especially: (1) Can overcome insurance market undeveloped-the premium is too high and ensure a low grade; (2) Can return " the profit s ", help to economize the limited hygiene resources; (3) The risk is single, easy to control, apt to save the medical risk management cost; (4) The convenient of medical group carrying on the exchanges of technology and management level, strengthen to overcome the malpractice. In a word, fund it's the most important part of the system. 3, Describe from three aspects, such as content and settling a claim and paying of capital source, management, contract of insurance, etc., guarantee the steady operation of this insurance system. 4, In order to keep up with the system, the writer pointes that we should revise the relevant legal provisions, and perfect three respects of law of health care to offer the suggestion of legislating successively. And the characteristic standing in the medical behavior and position should be operated steadily surely, so we must take the following measure: (1) Adhere the principles of exercising restraint in compensating; (2) Limit the range and standard of compensation for moral damage strictly; (3) substituting with favorable medical care and adopt annuity due; (4) Set up to disabled person labor skills rebuild system, in order to alleviate the potential disputes. However, it has already been an urgently subject to be solved how to guarantee the sound development of the medical industry.