Study On Legal Approaches Of Medical Liability Insurance To Resolve Medical Disputes

In recent years,medical disputes occur frequently and medical troubles arise everywhere.The government and the academia begin to pay attention to this problem and actively explore the resolution mode of medical disputes.The resolution of medical disputes is not to eliminate the disputes themselves,but to meet the demands of the dispute subjects,so as to reduce conflicts and confrontations.In the resolution mode of medical disputes at the present stage,medical liability insurance mainly plays the role of risk sharing and third-party compensation,which is reflected in the compensation for the interest demands of the dispute subjects.The resolution of medical disputes should not only meet the interest demands,but also other demands.In the first chapter,this paper lists the demands of the disputing subjects that need to be satisfied in the content of resolving medical disputes.Medical liability insurance has the potential to realize other demands,but it fails to give full play to its disputing utility due to the imperfect legal environment.Therefore,the author analyzes the role of medical liability insurance in medical disputes and the role it has not played to find its potential to resolve medical disputes.To find breakthrough to release potential,the author of the medical liability insurance to resolve medical disputes judicial efficiency is analyzed,both reflects the remedy effect of medical liability insurance,and explore the cause of the restriction of medical liability insurance play efficiency of dispute resolution,combine the experience of extraterritorial law optimization suggestions,to build a sound legal system path,to motivate medical liability insurance give full play to its ability to provide new ideas of dispute resolution.Based on the above ideas,this paper is divided into five parts for analysis.The first part is the introduction,which takes the positioning and acceptance of medical liability insurance in resolving medical disputes as the entry point,proposes how to maximize the use of medical liability insurance in resolving medical disputes,determines the research object,and lays the foundation for the research of this paper by sorting out the literature.The second part is the realization content of medical liability insurance in resolving medical disputes.This part aims to expound the realization content of medical liability insurance in resolving medical disputes as well as the unrealized but realizable content,thus leading to the potential of medical liability insurance in resolving medical disputes.The third part is the judicial effectiveness of medical liability insurance in resolving medical disputes.It includes the judicial case statistics of medical disputes and medical liability insurance respectively,the appeal case statistics of medical liability insurance,and the factors restricting the dispute settlement ability of medical liability insurance through comparative analysis.The fourth part is the experience enlightenment of solving medical disputes with medical liability insurance outside the region.Through the analysis of the frontier way of solving medical disputes with medical liability insurance in countries outside the region,the improvement method suitable for China is found to provide ideas for the following legal advice.The fifth part is the legal advice of medical liability insurance to resolve medical disputes according to the research of the above four parts,lead to this article from the angle of legislation,law enforcement,judicial,obtain legal advice,and suggestions for the perfection of medical liability insurance system itself,in order to maximize its medical liability insurance in the medical dispute resolve impact.Innovation of this paper is that research is not a medical liability insurance system itself,but from another angle to explore the potential of medical liability insurance to resolve medical disputes,combined with its utility in resolving medical disputes to explore how to improve its utility maximization of dispute resolution,based on the medical liability insurance to resolve medical disputes judicial efficiency,generalize the restriction of medical liability insurance to maximize play ability of dispute resolution,and legal system from the angle of legislation,law enforcement,judicial,optimization,to improve and improvement suggestions are put forward.