The Construction Of The Compulsory Medical Malpractice Insurance

The compulsory liability insurance is the liability insurance that specific groups must take their special harm to effect insurance with the underwriter according to the relevant state laws and regulations. The essential characteristic of the compulsory liability insurance is its force, and the fundamental value of the compulsory liability insurance is its public welfare.For the goal of protecting the third party,the compulsory liability insurance enhences the compensation ability of the specific groups and industries and it strengthens the basic function of the insurance,so it maintains the public order and promotes the development of the social economy.The compulsory liability insurance plays an important part in promoting the social stability and debelopment.The medical malpractice insurance has developed more than ten years in China, but it has not get the desired effect now. In the areas that take voluntary insurance, the hospitals that effect insurance becomes less and less. Many hospitals think that the medical malpractice insurance can not help them to revolve the medical tangle and can not play an important part in sharing the risk, so the hospitals prefer to revolve the medical tangle themselves. Meanwhile,the degree that the paatient has no faith in the doctor has deepened and the conflict of interest appears between doctors and patients in some problems. The relationship between the patient and the medical department becomes more and more tense.As an outstanding social contradiction, the medical tangle brings adverse factors for the social stability. Resolving the medical tangle effectively is not only directly related to the protection of the legal right of the patients and doctors but also to the social stability.But the opertion of the medical malpractice insurance now proves that taking completely voluntary insurance can not revolve the problems between patients and doctors and it is difficult to adapt to the needs of the social situation. In this case, establishing the compulsory medical malpractice insurance is extremely urgent . In the construction of the compulsory medical malpractice insurance, We should formulate rules according to the public melmare of the compulsory liability insurance. In combination with the actual situation in our country, the author puts forward the following suggestions. Firstly, we should allow the medical personnal to effect insurance and make trainee doctors and interns in the range of the medical personnal. Secondly, we should take medical accidents and medical mistakes in the range of the medical liability. Thirdly, we shoule cancel the regulation about the retrospect and adopt the Occurrence Coverage. Fourthly, we should clear the range of the third party and make the rule that the third party can enjoy the direct request right.