Research On The Legal System Of Medical Liability Insurance In China

Nowadays, the technology is highly developed. The improvement of medical technology really benefits mankind. But at the same time, the medical technology is of high risk and it certainly takes along with it the medical damage. In order to better help the patients to get their compensation as well as lower the operating risk of the medical stuff and protecting them from being bankrupted, the system of medical liability came into sight. The system of medical liability insurance has experienced quite a period of time during its development since it came into life.The history of medical liability insurance is very short. In our country, we adapt to voluntary insurance, but number of hospitals that take the insurance decreased each year. Many hospitals think that the medical liability insurance can protect hospitals and doctors from risk, and the relationship between hospitals and patients doesn’t get better. So the hospitals prefer to revolve the medical tangle themselves. As for patients, in order to better realize their rights after suffering loss, they prefer to sue the hospitals. This is why suit is frequently occurred in our country. But actually patients are the weak part in a suit. Because of the traits of medical treatment, the patients are usually at the weak stage. It is very hard for them to put forward proof, so they can hardly win a sue. As for the medical liability insurance, the voluntary mode doesn’t protect both the rights of hospitals and patients.As a result, it is urgent for us to adopt the compulsory medical liability insuranceThe whole paper is divided into four parts: The first part mainly talks about the basic theory of the medical liability insurance. Medical tort is the start of the problems of medical liability. Through the discourse of medical tort and medical licensing risk,we get to the conclusion of using the way of insurance to transfer loss. It at the same time explained the appearance of medical liability insurance. The following content focuses on the legal feature and the effect of medical liability insurance. The second part focuses on the current situation of medical liability insurance in our country as well as its problems. There are mainly two problems of the current medical liability insurance:the ways of covering insurance and the insurance coverage. In China, the medical institutions cover a voluntary liability. The third part focuses on the medical liabilityinsurance system in other countries especially in the US and tries to find some enlightenment of the other system. The introduction of The Patient Protection and Affordable Care Act gives light on the establishment of medical liability insurance system in China. Meanwhile it provides the medical liability insurance system in other countries to better help establishing the system in China. The fourth parts aims at bringing new ideas of setting up compulsory medical liability insurance in China and finding other ways to balance the interest between patients and the medical stuff. It brings the two ways: the first is setting up the compulsory medical liability insurance and the second is to set up the medical damage awards in China.