Study On Social Sharing Mechanism Of Medical Accident Loss In China

Frequent medical accident risk is an important factor that causes the contradiction between doctors and patients.Medical accident is refers to the medical staff in the process of work in the medical or nursing,due to the particularity of the patient or the patient constitution,unexpected and not prevent the death,disability or dysfunction of patients with adverse consequences.According to the Law of tort liability of our country,the loss caused by medical accident shall be borne by the victim.The victims alone bear the loss of medical accident can not achieve the social substantive justice,but also seriously affect the social harmony and stability.The ultimate goal of medical development is to protect the health of all mankind and to benefit the whole society,so medical accident losses should be shared by the whole society.In order to share the loss of medical accident victims,we should establish the social sharing mechanism of medical accident loss.This mechanism is based on the theory of distributive justice,social risk sharing,social joint and State responsibility.According to the above theory,medical accidental loss is not only the risk distribution between the parties,but also the risk problem that the whole society faces together.Only by setting up effective mechanism can we remedy the risks brought by medical accidents and realize the distribution justice of the society.In our country,the victims of medical accident loss can not get adequate relief.In judicial cases involving loss of medical accident,the victims alone bear the huge loss of medical accident,and there is no compensation mechanism for medical accidental loss in the social security system,most of the victims can only obtain the lower level relief from the social medical insurance;The amount of compensation is low and it is impossible to give adequate relief to the victims of medical accidents.Many foreign countries have developed medical risk relief mechanism,including the design of the social sharing mechanism of medical accident risk.Comparing France,New Zealand and the United States,France's tort law stipulates the principle of compensation for damages,which is similar to that of China,while France stipulates different social sharing mechanism for the risks caused by medical malpractice and medical accident.So it is necessary to draw reference from the French legislative model and system design in China.Based on the legal basis and domestic and international situation of social sharing mechanism of medical accident loss,China should establish a social sharing mechanism for medical accidents loss that includes compulsory insurance and medical accident social assistance fund system.At the same time,the state,medical institutions and their medical personnel,patients are the responsibility subjects for the social sharing mechanism to relieve the loss of medical accident victims.