Research On The Construction Of Compulsory Medical Liability Insurance System

With the rapid development of Chinese medical and health services,the intensification of doctor-patient contradiction has become a social problem that needs to be solved urgently.The implementation of compulsory medical liability insurance has become an important breakthrough for China to solve this problem.Compulsory medical liability insurance has important value for transferring medical risks and resolving medical disputes due to its unique public welfare and compulsory nature.However,China currently lacks corresponding legislative provisions and has not yet formed a unified related system.Therefore,the construction of a compulsory medical liability insurance system is just the right time.China has only formally introduced medical liability insurance since the late 1980 s.Now some provinces and cities are carrying out pilot work,and each region chooses the implementation mode according to local policies.At the same time,a series of problems have gradually emerged in the practice of medical liability insurance pilots in various parts of China:first,medical institutions are less active in insuring;second,insurance companies are unwilling to underwrite;third,it is difficult to raise premiums.The above problems have caused the development of Chinese medical liability insurance industry to fall into a bottleneck period,leading to the failure to realize the purpose of using medical liability insurance to transfer medical risks and to further promote the development of medical and health services.Based on the current status of Chinese medical liability insurance industry,this article proposes that compulsory medical liability insurance must be implemented to overcome the current difficulties encountered.It also analyzes the feasibility and necessity of constructing Chinese compulsory medical liability insurance system,and draws lessons from the United States.And the advanced experience of the British medical liability insurance system,which draws enlightenment,hoping to provide feasible suggestions for the construction of Chinese compulsory medical liability insurance system.Specifically,the construction of Chinese compulsory medical liability insurance system includes clarifying the legislative principles and legislative models of the compulsory medical liability insurance system,the implementation mode,subjects,premium determination and premium financing methods,scope of liability and liability limits for compulsory medical liability insurance,The basic content such as the third party’s right of direct request and the insurer’s right of defense shall be scientifically and reasonably set,and the relevant supporting measures for compulsory medical liability insurance shall be improved.