Research On The Compulsory Medical Liability Insurance In Our Country

Medical risk is an objective existence and it leads to a lot of medical damage.How to relieve the patient’s personal and property rights has become a problem.If this problem can not be solved well,it will lead to medical disputes and affect social stability.In recent years,because of the contradiction between the expectations of the disease and the limitations of the medical technology,the growing demand for health and the irrational distribution of medical and health resources,the number of medical disputes is increasing rapidly,and the contradiction between doctors and patients is increasing.It’s hard to believe that some doctors have been killed because of the patient’s dissatisfaction with the treatment.It not only poses a great threat to the personal safety of medical personnel,but also disturbs the normal medical order.Ultimately it is not conducive to the establishment of a harmonious relationship between doctors and patients.So in order to change the status quo of Chinese medical industry,the compulsory medical liability insurance system needs to be established to coordinate the relationship between doctors and patients,to maintain the vital interests of the two,to promote the development of Medicine.The establishment of compulsory medical liability insurance system makes it possible to resolve the issue of compensation for damage in time,after the occurrence of medical damage.When the rights and interests of patients are maintained,medical institutions and medical personnel need not to worry about the occurrence of medical and thus reduce the doctor’s pressure,also enables the medical institutions to maintain good medical order,ultimately beneficial to safeguard the common interests of both doctors and patients.On the basis of the research on the development situation of the compulsory medical liability insurance in our country,analysis the compulsory medical liability insurance for the existing main problems.At the same time,we can study the excellent experience of compulsory insurance system in developed countries (regions),and put forward some suggestions to improve the system of compulsory medical liability insurance in China.And then make it play a role in alleviating the contradiction between doctors and patients.This article is divided into four parts:the first part,the overview of compulsory medical liability insurance system.This paper mainly introduces the definition and characteristics of compulsory medical liability insurance,the relationship between compulsory medical liability insurance and medical liability,and the necessity of carrying out the compulsory medical liability insurance.The second part,the development of compulsory medical liability insurance.The development of medical liability insurance in the United States,Britain,Japan and Taiwan region of China were introduced respectively and learn from their experience.The third part,the historical development and current situation of compulsory medical liability insurance in China.And this part points out the existence of the four problems in our country:the full implementation of the blocked,the lack of insurance product design,the lack of relevant legal system,the lack of medical accident reporting system.The fourth part,the legislative idea of the compulsory medical liability insurance system.This chapter is the core content of this article.Firstly describe the choice of the legislative level,and point out that the establishment of the compulsory medical liability insurance should adopt a higher level of legislation,through the State Council promulgated the form of administrative regulations to be established;secondly,this part puts forward the perfect suggestion from:the establishment of the insurer’s defense obligations,the perfection of the direct claim right of the third person,the introduction of the third party mediation system,the establishment of medical accident reporting system,the improvement of medical damage identification system.