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Study Of Medical Liability Insurance System

Posted on:2008-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:M GaoFull Text:PDF
GTID:2206360215972797Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, with the quick increasing of the medical disputes, theamount of compensation gets higher and higher. The complicateddisputes disturbed the normal order of hospital. The bigger medicalcompensation for damage heavily burdens the medical organization. Itappeared some hospitals for avoiding disputes don not carry on themedical treatment behavior of risks, which injured the patients' benefitsseriously and obstructed the development of medical science. Then themedical circle and law science researcher want to attach the aim ofshifting the medical risks through the risk shifting system. It has beenproved in practice that the insurance is the victims and the risk shiftingsystem.Besides preface and conclusion, this paper consists of four parts.Part one researches Medical Damage Compensation Responsibility.Firstly the paper depicts the characteristic of the MDCR which iscoincidence of liability for breach of contracts and tortious liability. Butwe usually handle medical damage compensation responsibility withtortious liability in judicial practice. Secondly we emphasize on themedical defect, medical damage and the causality between the damageand the behavior etc. we discuss this topic from theory to practice oneby one. At last we have described the limitation of tort law in solving themedical malpractice, so we must try to seek an alternative for medicalimpairment compensation outside the system of liability for tort-Medical liability insurance.Part two discusses the fundamental theory of medical liabilityinsurance from the angle of theory. We introduce the most obviouscharacteristic of the medical liability insurance. Facing the suspicion andthe critic, the paper analyses the medical liability insurance fromdialectical angle. Because of many methods to restrain moral hazard, themoral hazard will not appear. At the same time, the medical liabilityinsurance is established on the basis of medical compensationresponsibility for damages. At the last of the part, the author illustrates my view on the most disputing aspects of the elements of the medicalliability insurance.Part three analyses the medical liability insurance of our country withthe current situation. Our country only carried on the medical liabilityinsurance system in some areas. So we choose the typical cities 'Beijing'and 'Shenzhen' to analyze the market of our medical liability insurance.We know the limitation of the medical liability insurance by analyzingthe current situation of the medical liability insurance of our country,which appears as the following aspects. Firstly the insurance rate of themedical liability insurance is low. Secondly because of lacking of theauthority of the law application and evaluation of the medicalmalpractice, it is difficult to control the risks coming from the medicalmalpractice. It also makes an insurance company fail to develop thiskind of insurance product.Part four puts forward suggestions on how to perfect the medicalliability insurance of our country. According to the tendency in thefundamental theory of the insurance, we first suggest carry on thecompulsory liability insurance in our country, which can stimulateinsurance company to develop the medical liability insurance, forprotecting the patients. Secondly, though its compensation standards arelower than the general one, Medical Malpractice Settlement Regulationshould be used, because legislation department has paid attention to thespecific of the medical behavior and made decision for balancing thepublic interests. Finally we should establish the medical arbitratessystem with suggestions as following. First, compulsive liabilityinsurance system should be built. Second independent medical juridicalcommission should be founded. Third we should found the medicalarbitration system. The last, we suggest that the medical liabilityinsurance of our country should put scheduled time inner claimant typeliability insurance into practice.
Keywords/Search Tags:Medical damage, Medical liability insurance, Compulsive liability insurance
PDF Full Text Request
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