Research On No-fault Compensation System Of Medical Damage

Background:The occurrence of medical damage is affected by many factors,including misdiagnosis,negligence in management and other negligence of medical action.However,medical science is one of subjects which is most difficult and high-risk,so medical damage is not always caused by the negligence of medical action but medical accident-No-fault medical damage.In existing regulations,the hospital take responsibility only when the medical damage is caused by the negligence of medical action.Otherwise,patients would not receive any compensation.Meanwhile,the hospitals would be tired of dealing with the patients who expect to receive some compensation from hospital.No-fault compensation system——the system such as Birth-Related Neurological Injury Compensation Act in America,and The Swedish Patient Compensation System play an important role in easing the doctor-patient contradiction.In 1980s,there is similar system called medical accident Insurance like the operation accident insurance and Anesthesia accident insurance in China.With the violence to medical staff take place frequently,the government issues a series of statutes to promote the development of medical accident insurance with high expectation to ease the doctor-patient contradiction.But as a newborn thing,there were many problems in medical accident insurance,so that it did a poor job from place to place.Though some company still offer the medical accident insurance,the state of operation is not optimistic.Objective:This study will investigate the medical litigation by the law firm in Guangdong.Based on defining the correlative concept,analyzing the theory and the data,summarizing the deficiency of the tort ability law,studying the No-fault compensation system of medical damage,this study will summarize the comparative advantage of the No-fault compensation system of medical damage.Meanwhile,this study will summarize the problems of medical accident insurance and offer some suggestion to structure the No-fault compensation system of medical damage in China through studying the example of an insurance company.Method:This study will be first to know the current status of study of No-fault compensation system of medical damage and the latest developments at home and abroad by literature analysis,to find a breakthrough study.Secondly,this study will summarize the deficiency of the tort ability law by data analysis.Then,the comparative advantage and the necessity of No-fault compensation system of medical damage will be put forward through the comparison between tort ability law and No-fault compensation system of medical damage.Thirdly,based on the material summarized from the interview to the manager and salesman in an insurance company,the suggestion to structure the No-fault compensation system of medical damage will be put forward.Result:Because the medical action is high-risk and experimental,it is inappropriate to bring too much pressure on hospital in medical damage.For the development of medical science,it is too hard for tort ability law to get rid of the principle of liability for fault.However,with the principle of liability for fault,the tort ability law is not good for the doctor-patient relationship.By contrast,there is distinct advantage to ease the doctor-patient contradiction in No-fault compensation system of medical damage.The medical accident insurance,which is also a No-fault compensation system of medical damage,is not popularized well in China because of its immaturity.To structure the No-fault compensation system of medical damage which is suitable for China,this study put forward the following suggestion:Firstly,adopting the compulsory social insurance model which exclude the application of the tort ability law.Secondly,broadening financing channel,and effectively spreading risk to the whole society.Thirdly,experimental implement and rolling out supporting system gradually.Fourthly,expanding the publicity,and instilling the ideas of medical risk to the public.