The Compensation System Of Medical Malpractice In France

In recent years, there is several act of the conflicts between doctors and patients,making a very bad society influence, the relationship between doctors and patientsbecome opponent. One of the raison is inappropriate handling the medical dispute. In2002, China promulgated the “Regulations of Medical Malpractice”, and the firstPeople’s mediation committees for medical disputes established in Tianjin in2009.We hope to solve the problem of the compensation of the medical malpractice in theway out of litigation. Through the study of the system of compensation for medicalmalpractice in France, the act of March4,2002“patient rights and health care systemquality law” wanted to solve this problem in a similar path. We learn the experienceof France, combining the current situation of our country, to made appropriaterecommendations.In France, it is strictly distinguish between the public health care system and theprivate health care system. The public health care system considers as theadministrative organization. The act of the doctors who work in the public health caresystem seen as the public service; the individual and the organization in private healthcare system is the civil subject. Before the evolution of medical malpractice in2002,we need to find out the statue of each subject in the medical malpractice, and thenchose the suitable court to take litigation, administrative court or civil court. Becausethe patient who has serious illness would through several organizations of the healthcare system, the interleave use of two system made it is difficult to find out theresponsibility of each subjects in the procedure of compensation. After evolution,France established National Office of Medical Accidents Compensation, RegionalCommissions of Conciliation and Compensation and National Commission ofMedical Accidents three new administrative organizations. It is a regional-nationalsystem.The character of this system is free, free will, profession and reconciliation-first. The applicant self-imposed becomes involved in the procedure of compensationbegins at Regional Commissions of Conciliation and Compensation. This procedure isall free. The applicant can drop out, as he wants at any time on this procedure, takingto litigation. This procedure introduces the appraisal procedure and will make asurvey report by the medical expert. In the way of conciliation, the RegionalCommission of Conciliation and Compensation holds multilateral meeting, to makean opportunity to make reconciliation. If in the end of the procedure, National Officeof Medical Accidents Compensation affirms the health care organization or the doctorhas responsibility to the case, but the relative insurance company denies makingcompensation. The patient can ask National Office of Medical AccidentsCompensation pay for it first. After that, National Office of Medical AccidentsCompensation takes the subrogation to ask the compensation of the insurancecompany.This paper describes the mechanism of the various administrative agencies, aswell as system specific operational procedures of the mechanism introduced to furtherunderstanding of the French medical malpractice compensation system. Through theFrench medical malpractice compensation mechanism of learning and control thestatus quo at this stage Chinese medical malpractice compensation system, look forthe experience and lessons learned.