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Study Of Medical Liability Insurance System

Posted on:2008-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:R J TianFull Text:PDF
GTID:2206360215486046Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The Mechanism of Medical Liability Insurance, taking medicalliability insurance as regulative object, through a set of legislations andregulations, regulates the course of medical liability insurance system inorder to form regulation system. Because the medical activity is highrisky, the medical establishment wants to share in the economic losswith other hospitals. That is the realistic groundwork for Mechanism ofMedical Liability Insurance. The categories of risk which the MedicalLiability Insurance can transfer are medical malpractice and medicalfault. The difference between the Medical liability and the Mechanismof Medical Liability Insurance is that the Medical Liability Insurance isa kind of Professional Liability Insurance, while the latter is a part ofmechanism. There are four mature Mechanisms of Medical LiabilityInsurances in the world. In America the pattern of Medical LiabilityInsurance is self-preservation, and in Britain the pattern is co-operation.The third pattern of Medical Liability Insurance is the medicalassociation to buy Medical Liability Insurance for the doctors in Japan.The Mechanism of Medical Liability Insurance in Taiwan is thesynthetic pattern. In our country the pattern of Medical LiabilityInsurance is not unified. It is diversiform. The pattern in Yunnan, whichthe government takes the lead, is a traditional type. The shanghai patternextends the insurance scope to the Liability Insurance of medicalestablishments' public activity. In Shenzhen the Medical LiabilityInsurance is linked up with the profit of medical personnel. The MedicalLiability Insurance broadens the scope to the attitude of medical service,the management of hospital and the medical quality. The defects in theMechanism of Medical Liability Insurance are very protruding in thewhole country. First, the demand of the hospital to the Medical LiabilityInsurance is insufficient. Second, the expectation for the MedicalLiability Insurance is not integrated between the hospital and insurancecompany. Third, the clause of Medical Liability Insurance is notconsummate, which can not offer the hospitals' demands. Fourth, theefficiency of insurance indemnity is inefficient. In the whole word, to consummate the Mechanism of Medical Liability Insurance, the authoroffers five suggestions. Firstly, medical establishment should becompelled to insure the Medical Liability Insurance by law. Secondly, togrand the insurance claim for the third party. Thirdly, we should makethe commercial insurance company as the male insurer. In accordance toour national conditions, the author suggests to take the synthetic patternas the foundation and have the co-operative insurance as a supplement.Fourthly, to make the appraised result of Medical Malpractice morefairness, we should let the appraise establishment of MedicalMalpractice be independent. Fifthly, let the insurance assessor be thethird party to solve the entanglements between doctors and patients.
Keywords/Search Tags:Medical Liability, Medical Liability Insurance, Mechanism of Medical Liability Insurance
PDF Full Text Request
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