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Study On The Construction Of The System Of China Medical Liability Insurance

Posted on:2013-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2249330377952315Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The medical activities is high professional and risky, and itsconsequence is directly related to the life and health of patients. If youcan not guarantee that patients receive due compensation, the patients’legitimate interests will can not be guaranteed; If the medical activitiescan not be guaranteed, the medical staff will take defensive medicinebehavior. By carrying out liability insurance, it can help enhance theircompensation capability and guarantee the victims’ legal interests.Medical liability insurance produces in this context.Medical liability insurance in the developed countries was producedearlier. Now they gradually established the insurance system. The effectof medical liability insurance in our country is not satisfactory. Thedefects in the system of medical liability insurance are very protruding.For example, the demand to the medical liability insurance is insufficient,the voluntary insurance model is defective, and the related legal normsare absent and so on. These defects inhibit the development of medicalliability insurance, and it is in the dilemma.The system of medical liability insurance is successful in America, England, Japan and Germany.These countries take the compulsoryinsurance model. We get some inspiration from these countries: firstly,adopt the compulsory insurance mode; secondly, expand the coverage ofinsurance: thirdly, formulate the reasonable insurance rate and the amountof compensation; fourthly establish the organization for resolving themedical dispute.In order to promote the development of medical liability insurance, ourcountry should make special laws. In the law, we should clear theinsurance coverage, the insured and the insured person and their rightsand obligations; give patients an unconditional right of a direct request;regulate premium rates, the limit of compensation and claims and theorganization for resolving the medical dispute.It is beneficial to establishthe unified medical liability insurance system.
Keywords/Search Tags:medical liability insurance, medical damage liability, construction of the system
PDF Full Text Request
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