The Jusicial Choices Of Medical Liability Of Insurance Company

With the frequently continuous attention of the country attarcted to the medical dispute cases,which got caught up in the fierce relationship between doctors and patients.For that reason,taking legally standardization steps to solve the dispute is considered by the national legislation.Therefore,the interest organization such as insurance companies involved as a third party,which can reach the hospital and patients and the mediation center at the same time by supervising these three parties,performances and operation to keep fair and justice.So as to find out the real reason for medical disputes cases in current situation while being able to give reference advices to the legislation for the medical disputes based on the investgation and research to the three parties.Medical liability insurance refers to the insurance contracts,which are signed by bothe the policy-holder and underwriter.During the stated period of the insurance,if the underwriter have the insured medical accidents within the specified scope,the underwriter will be paid according to the prior agreed system.Medical liability insurance,which are puchased by the hospital institutions for all doctors,it is mainly applied in medical negligence appeared in the process of medical practice so as to make sure that surgical patients and their family members can get the corresponding compensation insurance.Hopefully that the insurance company works as a third party intervention can alleviate medical disputes better and avoid medical troube and an effectively technical means of to control reasonable compensation risk.Once insured,both doctors and patients can get the related service provided by insurance companies,third-party authentication institutions and mediation organization.After making certain about the bilateral responsbility of doctors and patients,patients and their family members will get the corresponding compensation.Making justicial choices in medical responsibility,insurance companies plays an important role in dealing with medical disputes between medical staff and defuse doctor-patient dispute.This paper is mainly divided into five parts.The first part focuses on introducing the definition of medical liability insurance,the historical causes of medical liability insurance and effects of medical liability insurance.It also made introduction about the history of the medical disputes and the operations of the medical liability insurance among domestic and oversea.At the same time,it summarized the justice theory among the Western and China in terms of the definition of justice.The second part briefly introduced the rights and obligations of the insurance company,the insurance company of doctor and patient,three party’s interests.The third part discussed the procedural justice and result justice for medical liability insurance of medical accidents of the insurance company.The procedural justice and result justice are also discussed in China,West and Marx.Making a further statement that the procedural justice and result justice of the medical liability insurance of medical accidents of the insurance company which are the dialectical unity and served as an important way to resolve medical disputes.The fourth part this article emphatically demonstrates that the liability of medical insurance claimed essentially between insurance companies and other units to communicate effectively with each others in accordance with the principles of fairness and justice,handling medical liability insurance correctly to solve the delimma of procedural justice and the justice of organic unity.At the same time the hospital medical dispute shall follow the principle of fairness and justice and to strengthen management,eliminating"conciliatory"compensation,and unde rutterly obligation to stick to the scheme by hospital.Dealing with medical disputes is also exposed to follow the principle of fairness and justice.The best way is to accept the outcome under the approach of"legitimate and reasonable",which premise of procedural justice.The fifth part offered the corresponding advice about handling the medical disputes of the current government,hospitals,insurance companies,patients and family members and the media in the future.