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Research Of Compulsory Medical Liability Insurance

Posted on:2012-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:S M JiFull Text:PDF
Abstract/Summary:PDF Full Text Request
Medical malpractice cases in our legal system tend to walk on the outside, keep a non-rational, non-legal means possible to seek to obtain compensation for the space. Medical malpractice civil action, the burden of proof because of its unfair distribution, and medical expertise on both sides of inequality, often resulting in patients losing, or time-consuming procedure, and the victim's injury not be fully filled results. In early 2000, medical liability insurance was introduced in our country, rights and obligations of the insured in accordance with the principle of reciprocity by the insurance company to the insured a certain amount of insurance costs, assume the liability insured. But in the actual implementation process, medical insurance is not active, the insurance company has adopted the attitude of the embarrassing state. Of the implementation of medical liability insurance system, the reality under the tort liability in the settlement of the lack of medical disputes, and liability for damages in a decentralized health care while reducing pressure on the hospital's actions, resulting in more efficient protection of the interests of affected third parties.Medical liability insurance system as the leading model for legislation, a clear statutory insurance insured obligations, the provisions of the insurer the right to intervene in the proceedings, through the national law enforcement, medical institutions can make the conscious to the medical liability insurance mandatory, to join the medical liability insurance nature of the attitude change. Meanwhile, the accreditation bodies to establish medical malpractice and medical dispute resolution body. Medical liability insurance system is to maximize the purpose of medical institutions and the balance of the interests of affected third parties to make health care more rational dispute resolution, legal. Through analysis of the causes of medical liability insurance, and the situation appears in practice to explain the importance of medical liability compulsory insurance, its advantages embodied in the tort liability in the settlement to make up for the limitations of medical disputes and reduce litigation pressure on hospitals, distributed medical malpractice compensation responsibility to protect the interests of the victims and so on. Recommended the establishment of medical liability insurance system, provides the insurer the right to intervene in the proceedings and the insured as well as the statutory duty to insure the request of the injured party the right to require the first third-party mediation and the establishment of public health damage appraisal organization.Actions for compensation to the loss of health care increasing year by year in China, increasing the amount of compensation, more and more tense relationship between doctors and patients, medical staff during practice under immense pressure. The occurrence of excessive medical treatment, medical staff practice is to avoid the risk of damage to the interests of patients. Liability insurance as an important system of compulsory medical liability compensation for medical malpractice can effectively ease the contradiction between doctors and patients, to actively protect the interests of patients. In China, some areas have begun to try to change the reality of medical liability insurance situation, but poor implementation, combined with the reality of our country by law "to force" instead of "voluntary insurance" is the medical liability insurance in the future direction of development.
Keywords/Search Tags:Medical liability Insurance, Risk transfer, Medical responsibilities compulsory insurance
PDF Full Text Request
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