Study On The Legal Problems Of Medical Liability Insurance

Medical liability insurance refers to the insured and the Business insurance company(the insured) contracts for insurance, during the period of insurance regulations, insurance in the insured provision of medical insurance accident occurred in the category, according to an insurance system agreed in advance payment of the insurance benefits.The implementation of the medical liability insurance to solve medical disputes is the transfer of medical risk, protect the interests of both sides, the insurance company to implement innovation function.But the current medical system reform in country has just started, the medical service of the economical restriction mechanism has not yet been formed, together with the necessary statistical information factors such as lack of health insurance products, the public acceptance of limited capacity, greater risk of insurance companies operate such business.Therefore, we should draw lessons from the advanced experience of foreign commercial medical insurance, medical liability insurance development in china.This paper is divided into four parts, the first part mainly introduces our country’s scholars on the definition of the concept of medical liability insurance, a clear understanding of the concept of medical liability insurance. Also introduced China’s current implementation of the medical liability insurance has the basic legal interests, social basis and legal basis and to solve medical disputes, medical transfer risk, recommended medical innovation necessity.The second part through Germany, American, British medical liability insurance analysis found that Germany’s social security insurance, USA captive type insurance, the British government insured insurance of our country medical liability insurance development with mode, capital investment and other aspects of the reference.The third part is on the medical liability in China lack the legislation of insurance, insurance clauses have defects, the handler is not perfect etc. the analysis of existing problems, the reasons and specific analyzes the reasons and puts forward the corresponding suggestions.The fourth part is the basis of the first three parts, put forward to perfect the medical liability insurance proposal, mainly includes four aspects the establishment of compulsory medical liability insurance, to amend the regulations, medical liability law of China enriches the content of medical liability insurance clauses and improve the matching mechanism to improve the medical liability insurance.Hope that through the effective integration of various systems and measures, so that the medical liability insurance to the medical dispute to China play an important role, give full play to its should have the value true.