Research On Medical Liability Insurance System

In recent years, with the quick increasing of the medical disputes, the amount of compensation gets higher. The complicated disputes disturbed the normal order of hospital. The bigger medical compensation for damage heavily burdens the medical organization. It appeared some hospitals for avoiding disputes don not carry on the medical treatment behavior of risks, which injured the patient’ benefits seriously and obstructed the development of medical science. Then the medical circle and law science researcher want to attach the aim of shifting the medical risks through the risk shifting system. It has been proved in practice that the insurance is the victims and the risk shifting system.Besides preface and conclusion, this paper consists of four parts.First, in view of the current medical liability insurance system were summarized.From a legal perspective on the current stage of medical liability insurance system in our country related theory are analyzed and explore. To expatiates the legal connotation of medical insurance liability insurance system, and emphasizes its have unpredictable risks and the third human nature characteristic. Describe the realistic foundation of medical liability insurance system, medical liability insurance system for medical liability insurance, and adjust it as the main object. The implementation of the medical liability insurance major is to through the existing laws and regulations on the process of regulation, the floorboard of the formed a system of rules. Medical treatment activity itself has a high risk, which requires shifting mechanism, the apportionment of medical risk losses so that you can fully personal medical institutions and doctors to reduce the economic pressure, because insurance system can reduce the loss and share the pressure, this is just consistent with present medical activities of demand, so the medical liability insurance arises at the historic moment.Second, medical liability insurance in some developed countries and the area is a kind of perfect system, based on the four countries and regions relative to the four different, comparing the mature system of medical liability insurance, research,obtained the very good inspiration: each country national condition is different, the use of insurance mode should not be only limited to a kind of; For medical liability insurance the third person claims to make clear, clear rules, in order to protect the interests of the victim; Compensation of medical liability insurance has made a certain limit; Produce accurate insurance rate, the medical institutions and medical personnel to select the most appropriate to cover medical liability insurance.Part three analyses the medical liability insurance of country with the current situation. Our country only carried on the medical liability insurance system in some areas. So we choose the typical cities‘Beijing’ and‘Shenzhen’ to analyze the market of our medical liability insurance. We know the limitation of the medical liability insurance by analyzing the current situation of the medical liability insurance of our country, which appears as the following aspects. Firstly the insurance rate of the medical liability insurance is low. Secondly because of lacking of the authority of the law application and evaluation of the medical malpractices, it is difficult to control the risk coming from the medical malpractice. It also marks an insurance company fail to develop this kind of insurance product.Part four puts forward suggestions on how to perfect the medical liability insurance of our country. According to the tendency in the fundamental theory of the insurance, we first suggest carry on the compulsory liability insurance in our country,which can stimulate insurance company to develop the medical liability insurance, for protecting the patients. Secondly, though its compensation standards are lower than the general one, Medical Malpractice Settlement Regulation should be used, because legislation department has paid attention to the specific of the medical behavior and made decision for balancing the public interests. Finally we should establish the medical arbitrates system with suggestions as following. First, compulsive liability insurance system should be built. Second independent medical juridical commission should be founded. Third we should found the medical arbitration system. The last,we suggest that the medical liability insurance of our country should put scheduled time inner claimant type liability insurance into practice.