Research On The Legal Issues Of The Medical Liability Insurance

The medical liability insurance was established in19thcentury. As a system ofdecentralizing the medical risk and resolving medical disputes, the medical liabilityinsurance has played a vital role in many nations. It has been more than20years sincethis insurance was introduced into China. However its development is still slow. Atpresent, only in some regions the normative documents related to the medical liabilityinsurance has been issued. And a nationally unified medical liability insurance systemhas not been established yet. Furthermore, in the regions which the medical liabilityhave been implemented, it does not achieve the expected results in resolving medicaldisputes. It should be noticed that the design of the medical insurance system is notmature and it also lack of legal support. These elements hinder the further developmentof the medical liability insurance.It should be noted that the Institutional design of medical liability insurance isnot yet mature and it is lack of Support of higher levels of ineffective laws andregulation. Specifically, there are still some legal issues existing in the medical liabilityinsurance of our country. Firstly, the provision of subject and insurance coverage isnarrow which does not sufficiently meet the needs of medical institutions. Secondly,there is a conflict between the medical damages in respect of existing legal norms.Since the compensation standards are not uniform, there is a big injustice for the victims.Third, the relevant laws and regulations of the Insurance Law are still imperfection.This situation has a negative impact on the protection of the interests of the insured andthe victims. Fourth, the related medical liability insurance mechanism is not perfect.For example, there is not an authoritative medical damage identification. Finally, Ibelieve that there is a significant flaw applying solely fault liability in the field ofmedical liability insurance. Since it is difficult for the victim to prove the fault, themedical liability insurance is hard to play the role of compensation. These factorsrestricted the further development of medical liability insurance.To resolve existing medical liability insurance dilemma, a sound legal system must be established. First, the scope of the insurance coverage and the subject shouldbe appropriately expand. The scope of protection insurance should be expand tomedical personnel of medical institutions. Second, the provision of the third party directright should be improved so that the victim is able to exercise the rights to protect hisown interests more effectively. Third, the obligation to defend the insured should beclearly written down in the form of law. Finally, drawing on the experience ofextraterritorial, we should establish no-fault medical liability insurance system. Thesystem can be used as an effective complement to medical liability insurance and havea positive effect on resolving medical disputes properly.