Study Of The Compensation System For No-fault Medical Injury In China

Medical treatment is closely related to people’s daily life. In several cases,the therapeutic effect remains uncertain, limited or even detrimental, which may lead to medical malpractice. There are two main reasons account for this tragic results.One is the non-compliant diagnostic and treatment practices, the other is the patient’s own conditions, such as specific physiological features, the natural turnover of the diseases. The former is named as fault medical injury, the latter is known as no-fault medical injury which account for a great proportion of medical injury.In China, the theoretical and practical research on no-fault medical injurys is still in its earliest stages. Currently, the malpractice lawsuits of medical injury mainly appeals to the injury compensation rules consist of the "Civil Law", "Tort Liability Act", "Medical malpractice". There are many difficulties to settle down this issue.The remedy system is complex, time-consuming, inadequate and limited covered.Meanwhile, the emerging medical liability insurance also shows little effect for the medical injury compensation. So, it is necessary to study the establishment of the no-fault compensation system for medical injury incidents.With a deep understanding of the medical injury compensation system in the developed countries, this paper aims to establish equitable no-fault medical injury compensation system for China. In New Zealand, the compensation system includes the no-fault medical injury, and the personal accident injury; Sweden legislated to establish the medical injury insurance system. some states of the US have established a no-fault medical injury compensation system. The existing experience abroad offers an important insight, that is, the injury compensation can not completely solve this problem; the socialized medical injury remedy should play an important role in this issue. Furthermore, increasing the nation’s financial involvement is also an effective solution. Thus, we make an in-depth study from the following three aspects: first, the establishment of a limited no-fault medical injury compensation system in accordance with China’s economic situation; second, the establishment of the medical insurance system with reference to the Jiatong liability insurance system, mainly focused on the insurance coverage, tax incentives, the insured, the insurer andfinancial subsidies; last but not least, the establishment of medical risk fund lead by medical administrative departments as a complement. The trial implementation of the medical risk fund can contribute to solve the problem of medical injury compensation in an inadequate health care system, and more effectively resolve intractable medical disputes.The patients suffering from no-fault medical injury needs timely assistance. In many areas of China, it is difficult for the people to get medical treatment, so the medical malpractice can be intolerable or even fatal for the patients and the entire family. The victims need the help of the socialized compensation system, considering the limited effect of the medical compensation by the law. The present experience in traffic liability insurance and commercial insurance provides a solid foundation for the establishment of the no-fault medical injury insurance system. Therefore, the compensation system for no-fault medical injury proposed in this paper serves as a good complement for the health care system.