Medical Liability Insurance Third Party Direct Claim Right Research

Nowadays,the increasing number of social medical disputes in China has made the relationship between doctors and patients increasingly tense.The emergence of medical liability insurance has become an important way to alleviate contradictions.The establishment of the third party's direct claim for medical liability insurance is of great significance.It can fully disperse the liability risks of medical institutions,provide a timely and efficient way to protect victims of rights,and protect the rights of third parties.It can also save dispute processing costs and improve judicial efficiency.In 2009,China amended the Article 65 of the Insurance Law.For the first time,in the "Insurance Law" of China,the third party to the liability insurance was given the right to directly claim,but because of its restrictions on certain conditions of exercise,China's Insurance Law "The third party is not completely entitled to claim directly,and there are gaps in the provisions of the article,which is not conducive to the application in practice.Therefore,the system of direct claims of third-party medical liability insurance in China needs to be further improved.The legislative status of the direct claims of third-party national medical liability insurance has certain reference significance for China's legislation,especially the acquisition and exercise of the direct claims of third parties in China and the defense.In addition,through a detailed interpretation of Article 65 of China's Insurance Law,the author finds that there are many deficiencies in its legislation.The legal provisions of Article 65 of China's Insurance Law do not give the insurer the statutory right to participate,do not stipulate the necessary assistance obligations of the insured,do not stipulate the insurer's right of defense against the third party,and the protection of the third party is insufficient.The third party is not given the right to know,and China's Insurance Law does not fully give third parties direct claims.The existing legislation is only a limited confirmation of the third party's direct claim.Based on the above analysis,specific legislative improvement suggestions are listed for these shortcomings.The right of Chinese legislation to participate in the insurer should be determined from the settlement,mediation stage and litigation stage.The insured's necessary assistance obligations shall be specified,and the insured's notification obligation,notification obligation,and coordination obligation shall be confirmed.The insurer's defense of the third party should be stipulated,and the insurer's right of defense should be restricted.The defendant and the insurer should not be used to defend against the victim's third party.It is also necessary to increase the protection of third parties.First,it is necessary to fully grant the third party to the medical liability insurance to directly claim,and secondly,to establish the third party's priority for the medical liability insurance compensation,when the insured goes bankrupt.When the insolvency or the whereabouts are unknown,the third party may give priority to the general creditor to obtain the insurance compensation first.Once again,the temporary payment system shall be established.When the injured third party is in urgent need of compensation for secondary treatment or cannot be maintained due to medical damage In the basic life,the insurer is required to compensate part of the insurance limit to meet the necessary needs of the third party.After the judgment of the judicial authority is made,the remaining part is supplemented to the third party.Finally,to establish a medical liability insurance inquiry system,patients can obtain the medical insurance status of their medical institutions through a special inquiry system to protect the third party's right to know.In summary,this paper analyzes the relevant theories of medical liability insurance and the third party direct claims of medical liability insurance,analyzes the legislative status of extraterritorial countries,summarizes the legislative enlightenment to China,and summarizes the legislation in China based on the current legislative situation in China.The shortcomings existed,and put forward specific suggestions for improvement in order to better protect the rights and interests of third parties and realize the original intention of establishing a third party for medical liability insurance.