Study Of Medical Liability Insurance, The Legal System

This thesis is concerned with the legal system of medical liability insurance, and made up of three sections.Part one mainly argues the legal value of medical liability insurance system. In my opinion, the legal value of medical liability insurance system lies on its "usefulness" for social subject. Through analyzing the limitation of tort while solving the medical malpractice, I got a conclusion that it is necessary to establish the medical liability insurance system. And on the basis of the above inference, I gave an explanation on the introduction value of the medical liability insurance. The introduction of the medical liability insurance can make up the current systematic unjustness. And it can also relieve social contradictions. Then it is drawn the conclusion that medical liability insurance meets the realistic need of our country. The introduction of this system has its legal value.Part two carries on the analysis to the basic theoretic problem of medical liability insurance. This part specifically discusses the dispute in the fundamental theory of medical liability insurance. Through the comparative method, I analyze the types of medical liability insurance. Combining the legal provisions of our country, the medical liability insurance in our country should belong to synthetic medical liability insurance, including the liability insurance of the medical treatment organization and that of practicing doctor. This part also defines the range of liability insurance, and puts forward that our country should build up a "System of Medical Appraiser presenting at court". Otherwise, it's thought that the third parties' in medical liability insurance by law should be given the right of direct action. Simultaneously, it ought to grant the liability insurer's duty of defense in the related law.Part three investigates how to set up the medical liability insurance systerm in our country. Through analyzing the current condition of the medical liability insurance and the existed problems in our country, I suggest that our country should build up compulsory medical liability insurance, and put forward to increase mutual insurance companies in order to insure the medical liability insurance. The compulsive medical liability insurance of our country can be open to the stock insurance companies and mutual insurance companies in the meantime. For setting up the compulsive medical liability insurance system in our country, I put forward some related legal advices and some necessary measures.