Analysis On Medical Liability Insurance System

At present, the relationship between doctors and patients becomes tense, the upsurge of violence arise from the medical dispute, so the doctors become seriously psychologically pressured. The patients also unceasingly climb in the amount of the hospital malpractice, some even claim up to several million dollars, which cause the medical institutions miserable beyond description. The State Council paid extremely attention on the incident of malpractice or the dispute, specially promulgated《The Regulation on the Handling of Medical Accidents》on April 14th, 2002, however, under the objective situation which the medical profession supply and demand both largely grow, the number of medical disputes are still growing, health care workers are paying increasing pressure, and gradually developed into the social security problem. To some extent, both the doctors and patients are medical negligence or medical accident victims. How to protect the victims' legal right effectively, reasonably transfer the doctors unavoidable occupational risks, and solve the increasingly incisive doctor-patient disputes cause us to explore new ways on the basis of the original settlement mechanism. The medical liability insurance is an important measures to disperse the medical professional risk, and reconcile the contradiction with the doctors and patients, it is also an inevitably request for the society progresses. As a basic way of transferring the hospital high-risk by business insurance, the medical liability insurance, which is also an essential part of malpractice compensation system, is treated coldly in Chinese market. This article mainly concludes the problems on the medical liability insurance when it is carried out in China, and set forth corresponding countermeasures, in order to improve the China's medical insurance system, and perfect the public medical health service system. There are four aspects to be discussed: 1. Summary the current medical dispute status, legal analysis of the medical damage compensation, and elaborate modern medical liability insurance concept, position medical liability insurance system and the medical damage compensation system, the need for its development and the great significance. 2. Overview the medical liability insurance history and the present situation in the domestic and international development process. 3. Through the implementation of our medical liability insurance history and status quo analysis, summing up the main problems appeared in the process, for example, insurance companies provide more cautious on medical liability insurance, medical institutions don't have enough enthusiasm in participating in the medical liability insurance system, and medical liability insurance imperfect process, then analyze these issues deeply. 4. The countermeasure research, summarizes available suggestions in view of the main problems of the third part: the government legislation formulate unification policy to assure the insurance developed as a compulsory obligation for the both hospitals and professional doctors; perfect legal laws and regulations; establish medical dispute-solving mediating institutions; develop the doctor individual disciple risk fund in encouraging spirit; raise compound talents in medicine, legal science and insurance study.