System Construction Of Medical Liability Insurance In China

The function of medical liability insurance in China is limited,there are some problems such as low insurance coverage rate and slow development.In order to play the important value of medical liability insurance in maintaining the legitimate rights and interests of doctors and patients,it is necessary to build a unified medical liability insurance system nationwide.The construction of medical liability insurance system mainly includes two aspects: internal standard design and external auxiliary mechanism construction.Specifically,in terms of the internal standard design of the medical liability insurance system,in view of the problems of low insurance rate and slow development in the development of the medical liability insurance,the compulsory medical liability insurance should be implemented in the form of legislation to give full play to the public value of the medical liability insurance.By giving the third party direct claim right in the compulsory medical liability insurance,we can strengthen the protection of patients’ legitimate rights and interests.Through the optimization of the insurer’s defense obligation,it emphasizes the protection of the doctor’s peace of mind.In order to solve the problem of unreasonable premium pricing,we should change the factors of premium pricing,and establish a sharing mechanism among medical staff,medical institutions and the government.From the point of view of some scholars’ suggestions on the application of no fault liability in medical liability insurance,this paper holds that no fault liability can be limited to the coverage of medical liability insurance from the perspective of legal cost.In the construction of the external auxiliary mechanism of the medical liability insurance system,in order to urge the insurer to actively underwrite the medical liability insurance,it is necessary to strengthen the ability of the insurer to identify and control the medical risk,and make clear the way for the insurer to reduce the loss risk.In addition,in order to ensure the smooth progress of medical liability insurance,we need to constantly improve the mediation system of medical disputes and promote medical accident insurance as a supplement.