The Study Of Medical Liability Insurance System

In recent years, medical service dispute are getting more and more, the medical trouble relations are intense day after day, presents the fast rise tendency in view of the medical dispute's claim amount and frequency. Medical trouble conflict and medical claim risk influence medical service order normal operation seriously. On the one hand, the patient and their family member's "medical dispute profiteer" behavior which poses the significant threat safely to doctor and other medical personnel's person property, increases medical organization's operation cost, destroys the proper trust and the understanding between the medical trouble. On the other hand, the medical organization, doctor as well as other medical personnel adopted "the defensive medical" behavior in turn has harmed patient's benefit. Therefore it needs establish the medical service liability insurance system for transferring risk, which guarantees the hospital, the medical personnel as well as patient's tripartite legitimate rights and interests. The medical service liability insurance takes the insurance main body by the medical organization. It is the insurance that takes the civil compensation responsibility to the third party because of its medical service mistake, violating the legal rule or insurance contract's agreement as the insurance sign. Simultaneously, it has the function which safeguards the insured and the third person of rights and interests, may make up the insufficiency of the existing medical service damage compensate institutional arrangements, can reduce the solution medical service dispute's transaction cost effectively, may create advantage on cooperation for medicinal prescription, trouble side and the insurer, may internalize the social cost. At present, many questions are existed in medical service liability insurance system. First, it lacks of the legislative safeguard. Second, the insurance clause is imperfect. Third, the products of medical service liability insurance are unitary. Fourth, insurance company lacks of specialized strength. Fifth, it has reversion choice and moral hazard and lacks the medical trouble dispute mediates organization with it. In view of these questions, it must seek the scientific consummate suggestion, it must legislate for establishing medical service liability insurance system; formulate administrative rules and regulations about it; establish medical responsibility compulsory insurance's business insurance pattern; set up the social relief fund of medical service neglect duty; perfect the insurance clause; provide variable products of the medical service liability insurance; train and reserve inter-disciplinary talent of medicine, legal science, insurance study; establish the medical risk information database; set up the medical trouble dispute mediate organization and enhances insurance awareness of the medical organization and medical personnel. Through the above measures, it may solve the problem and the development bottleneck existing in medical service liability insurance, cause the medical service liability insurance go on the track of sound progress.