An Empirical Study On The Medical Damage Compensation And Medical Linsurance Payment

Tort liability law establish the constitution of the liability for medical damage and the standard of compensation for damage in our country,to fill in the medical treatment of patients suffered from the risk of injury.However, with the development of society and economy, traditional tort liability system difficult to deal with the needs of high medical damage compensation and high risk of medical career, therefor social insurance system was born, and become a social system which be generally established in all the countries.After Social insurance system was born, it rapidly penetrated into the traditional tort law areas, caused when victims to obtain relief,tort law and social insurance law coexist situation.It is often in a dilemma to deal with the part of the medical expenses paid by the social medical insurance in the medical damage compensation.This article starts from the empirical case analysis, through the case study, combing the existing problems and causes of such cases, and analysis the solving path of the problem.The main structure of this paper is as follows:The first chapter, the data analysis of the Judgment document about the medical damage compensation social medical and insurance payment. First of all, the data results from 4 aspects:the annual distribution, the regional distribution, the referee result distribution, and the reason of the judgment, shows that the contradiction between the judgment of medical damage compensation and the medical insurance payment, and the necessity of the research. Secondly, analysis of the judicial status of the medical damage compensation judgment and the medical insurance payment. Finally, analysis of the causes of the present situation from the angle of legislation and judicature reason,and the medical insurance agencies shall apply the right of subrogation in such cases in the conclusion.The second chapter,the legitimacy of the medical insurance agencies to exercise the right of subrogation. First of all, According to the practical and theoretical controversies, review the obstacles of current medical insurance agencies to exercise the right of subrogation. Secondly, discuss the medical insurance apply the right of subrogation with the basic theory of insurance law, such as subject, object, object and legal responsibility of lazy to exercise,in order to create conditions for exercise of medical insurance subrogation, Finally, considerate the procedure and policy, analysis of the practical basis for its application.The third chapter,the solution to the problem of the coexistence of medical damage compensation and social medical insurance. Improving the process rule of the medical insurance agencies exercise the right of subrogation,constructing the information management system, improving the supervision mechanism, in order to better coordinate the interests of the medical, patients and social insurance institution three parties.