Study On The System Of Medical Liability Insurance Of The United States

In the risk society, traditional tort system in resolving mass tortand professionalism infringement seemed a bit stretched. In this context,people tried to make use of liability insurance system to solve theproblem. This paper intends to use American medical liability insurancecrises as the starting point, try to elaborate the complexity of risk societyand propose that relevant solutions must base on the characteristics ofrisk society and design the system from a systemic point. As for theliability insurance system, it is necessary to take into account substantivestandards of review, such as the principle of proportionality.The Ministry of Health, the State Administration of Traditional Medicineof China and the China Insurance Regulatory Commission jointly issueda notice of promoting the medical liability insurance-related issues, theyhope this notice can help to implement the medical liability insurance inthe country. However, there is no relevant laws or regulations to make aclear explanation for the implementation of medical liability insurance, thus it brings trouble to promote the medical liability insurance system.Meanwhile, the academic and practice industry always subconsciouslytreat United States medical liability insurance system as China’s model. Inthis paper, we adopt comparative law approach, use medical liabilityinsurance crises in the United States as a starting point to show theperformance of the U.S. system of medical liability insurance crises,solutions, analyze the root causes behind the crises. This paper not onlyattempts to explore the effective path suited to China’s actual medicalliability insurance system in order to provide reference for legislative andpublic policy practice, but also tries to be more fully explained the affectof the risk society to the legal system in theory.