Study In The Legal Issues Around The Liability Insurance Of Medical Malpractice

Medical malpractice liability insurance-related trial in our country more thantwenty years, the slow progress in the provinces on a trial basis, researchers havebeen trying to parse discourse from different levels, and hope to offer advice andsuggestions on China’s legal system perfect. The original intention to set up theinsurance system was to defuse the tense relationship between doctors and patients,by insurance agencies as a neutral third party intervention, to build bridges betweenthe medical institutions and the risk of side, resulting in the while suffering inureprotection to promote the development of China’s medical and health undertakings.The text of this paper is divided into three chapters, which including the introductionand the later conclusion.This thesis is about the legal issues related to medical malpractice liabilityinsurance in-depth study of theory, then provide a theoretical reference for theimplementation of the system. Combing clearly related legal issues, the paper isdivided into three parts:The first part is medical malpractice liability insurance Legal Analysis. The partof the parsing of the medical process, as the logical starting point for a medical act,further define medical liability insurance, from both doctors and patients toparticipate in the purpose of medical practices, to make a detailed analysis of thevalue orientation of the insurance system.The second part is the theory of the legal relationship of medical liabilityinsurance. The part is mainly to solve the core issue of medical liability insurance, themain areas of responsibility, and the third person the right to unconditional directrequest.The third part is the current lack of medical liability insurance and its perfection.The range have not yet national legislation, this chapter is to proceed from the statusof implementation of Yunnan, Beijing, Shenzhen, the insurance system and legalconstruction problems and improve the program.