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Research And Compares On Medical Liability Insurances In Different Countries

Posted on:2009-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y L WangFull Text:PDF
GTID:2189360245988117Subject:International Law
Abstract/Summary:
Recently, the conflictions between medical institutions and patients go more and more seriously and the medical tangles are getting worse, too. For the whole society, how to solve those problems mentioned above properly has become a focus. Indeed, the precaution as well as the resolution for medical tangles need a whole set of law and social supports, which calls for the establishment of various related mechanisms and the supports from relevant departments. One of the most important methods to solve those problems is to bring a distracting mechanism of risks in and the medical liability insurance is one of the best choices with the capability of reducing the financial burden of medical institutions and doctors when medical damages happen. Historically, medical liability insurance is one of the most modern insurance which means medical institutions and their staff due to negligent acts, errors, omissions or malpractice, fail to follow the law to complete their duties and make their patients'both physical and mental damages. Popularizing liability insurance is of great importance to lower the pressure on hospitals and other medical institutions, to preclude and lessen the conflictions between medical institutions and patients, which are really of great significance to both medical institutions and patients.China's medical liability insurance is still at the beginning stage with lots of obstacles and problems ahead. For instance, as for the insurance industry, because of lacking enough related experience and professionals and the big gap between different areas'economic level, the popularizing process of medical liability insurance has shortages of data and safeguarding. Also, the standard of guarantees is too low to fit the relatively high insurance fee. As for medical institutions, the insurance fee is too high and the dangers in reality is uncertain, which makes the practical satisfaction of claims seem too low, not to mention some misunderstandings are also there holding by some doctors that the liability insurance equals to distrust from patients and insurance companies should pay for every damage in any kind of accidents. As for the patients who generally lack of awareness of protecting themselves by law, will always be the weaker party when medical confliction happens without a strong mind of using legal methods. What they pay more attention to is how much money they can get instead of by which mean can they get the money.Here, this article is about to illustrate the features and application values of medical liability insurance, analyze the existing related experiences of Britain, the USA and Australia and then offer some suggestions for the further development of Chinese medical liability insurance process.This article will be divided into four parts. Firstly, to introduce the concept and features of medical liability insurance; Secondly, to compare different patterns of medical liability insurance of different countries by analyzing their financing mechanisms respectively; Thirdly, to elaborate on several reforms taken by those countries recently; At last, to offer some suggestions for a better future of China's medical liability insurance by both reviewing the developing history and summarizing the experiences of foreign countries.
Keywords/Search Tags:Medical liability, Liability sharing mechanism, International compares, Imperative, Mediating institution of medical tangles
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