Research On The Legislation Of The Compulsory Medical Liability Insurance

The health care industry is closely connected with each of us. With the rapid development of economy, medical service is more and more popular and public awareness of rights has been gradually improved. However, the doctor-patient relationship is becoming more and more nervous. The frequent occurrences of medical disputes have attracted widely attention. The medical institution is faced with increasing medical risk and the patient suffers from medical damages. Both the interests of the medical institution and the patient need to be protected.The medical liability insurance can achieve this purpose. However, it fails to reach this goal. There reasons are the short development time of medical liability insurance and insurance market and weak consciousness of insurance and lack of legal rules. Among them the last is the most important.So in this paper, the author suggests establishing the compulsory medical liability insurance. It can not only dissolve the medical risks, but also can protect the interests of patients. It also is the inevitable requirement of law of large numbers and the reform of medical and health system. In the process of establishment, both can draw lessons from foreign experience and the pilot experience of medical liability insurance and the experience of the compulsory traffic accident liability insurance for motor vehicles. But there is no denying that there are still some obstacles of legislation. On the basis of above analysis, the author will put forward some legal suggestions.