Study On Construction Of Medical Damage Of Social Relief System In China

The life of illness and death can not be separated from the health care behavior Medical acts of infringement limited, uncertainties, and other characteristics. Medical injury caused by medical behavior, both the fault damage due to the error caused by medical practices, and the no-fault damage there can not be avoided and overcome the side effects, medical complications and medical accidents by the existing medical knowledge, technology, conditions.Our existing relief system for medical damages in medical tort damages. Face a lot of medical damage events,medical tort damages based single health damage relief system faces many difficulties.The role of non-compulsory medical liability insurance in its infancy in the medical damage relief is also limited.Developed medical damage relief, according to the characteristics of the country’s economic, social, and cultural factors, medical liability insurance, no-fault system of compensation, and social security is adopted, different medical harm social relief mode suitable for respective countries. United States is given priority to Medical Liability Insurance, Some states have established specific medical harm no-fault compensation system; Swedish established patients compensation insurance system with strong social insurance color through the patient’s Compensation Act; New Zealand excluded in personal injury within the relief of tort liability and Implement a comprehensive no-fault compensation system of medical damage, including personal accident.Developed countries to establish and implement medical harm the social relief system experience tells us that the tort action for damages is not the best way to the medical damage relief. National forces to intervene, the emphasis on medical damage compensation of victims become the current trend;The importance of medical harm in empirical research and statistics;medical harm social relief does not inevitably lead to a decline in the quality of medical services.Since modern times, the socialization of tort liability is the foundation of medical damage social relief.Break through the barriers of tort law, corrective justice and distributive justice can be reached at the expense of social relief coordination; economic analysis of law also think as scattered damage form,liability insurance for such damage the social relief is efficient.In our country, the implementation of medical harm social relief system for medical injury tort liability system provide an institutional guarantee to make up for the deficiencies of the current basic medical insurance system, has an important role in resolving medical disputes.Gradual improvement experience in medical tort liability legal system, the implementation of mandatory liability insurance, In some areas, and the experience of the operation of insurance companies commercial insurance, the current social medical insurance system can learn from, and improve the health administrative management system are our country to establish socialized medical damage the favorable conditions of the relief system. Medical harm social relief system should be mandatory medical liability insurance and social insurance nature of medical the fault damage compensation insurance as the main,government, medical institutions, physicians, patients join shared medical damage.