On Compulsory Medical Liability Insurance System Of The Construction

Nowadays, as china is undergoing a period of great social reform and reorganization, the sharp social contradictions and attendant problems are emerging constantly. And one of the social contradictions which have to be considered and resolved is the daily-life medical dispute. To minimize medical disputes, the Chinese government issued a series of new systems. The most essential one there in is the medical liability insurance system. It is undeniable that the medical liability insurance system, compared with the previous relevant ones, is of many advantages which are embodied in many areas such as the compensation liability for medical negligence, assurance of patient’s rights and interests, social management, and so forth. However, in view of the overall development of the medical liability insurance system, there is still a sequence of problems. For the hospitals, it did not succeed in transferring their risks and cover insurance. For the patients, it is not yet a powerful weapon to safeguard their legitimate rights and interests. Faced with medical disputes, they still prefer the negotiation with the hospital, or making constant threats of violence. For the commercial insurance companies, it can not accomplish the effective provision and sufficient demand of medical liability insurance products because large-scale medical liability insurance will put these companies at great risk in case of lacking support of techniques like statistics and the low desire of applicants. All signs suggest that the voluntary insurance mode has been outdated while the introduction of compulsory medical liability insurance system is becoming pressmg.Medical liability insurance is a good system in itself, but if we want to break through the bottleneck of the current stage of development, I think that China must implement a compulsory medical liability insurance system and change the voluntary insurance mode. Based on the study on the current situation of China medical liability insurance, it is found that the development of medical liability insurance faces many obstacles, especially the voluntary medical liability insurance model. But compulsory medical liability insurance model can just work around the limitations of the present voluntary insurance model, thus it is a necessity and also a realistic feasibility for China to establish compulsory medical liability insurance system. Moreover, this study makes a rational and comprehensive prediction about the possible problems during the implementation of compulsory medical liability insurance system, and finally put forwards the legislative suggestions for the construction of compulsory medical liability insurance system and solutions to the possible problems.