| For a long time,medical disputes have been a hot issue in society,and even some medical disputes have evolved into appalling "medical violence incidents",which not only leads to the increasingly tense relationship between doctors and patients,but also enhances the motivation of medical staff to take defensive medical care in the implementation of medical activities.As we all know,insurance is the stabilizer of the country and society.It is a common practice in the world to introduce insurance into medical damage compensation to ease the tense relationship between doctors and patients.China has been carrying out medical liability insurance for nearly 30 years,but its development is very slow.Up to now,it is still in the dilemma of "hospitals are unwilling to insure and insurance companies are barely maintaining".The special legislation on medical liability insurance is still lacking,and the system construction and supporting facilities are lacking,which needs urgent reflection.This paper analyzes the legal problems of medical liability insurance in China at present by using law and medical thinking,and discusses the development orientation of medical liability insurance-compulsory medical liability insurance.This paper aims to provide suggestions for relevant legislation.In addition to the introduction,the full text is divided into four parts,the main contents are as follows:This paper is divided into four parts: The first part first introduces the concept and legal characteristics of medical liability insurance,and then discusses the relationship between medical liability insurance system and tort liability system from the relationship between liability insurance and civil liability system,which are interrelated and influential,and finally analyzes the functions of medical liability insurance,indicating the necessity of establishing a perfect medical liability insurance system.The second part of this paper introduces the current situation and existing problems of medical liability insurance in China.The existing problems include: the legal system is not perfect and there is no legislative guarantee;The design of liability insurance clauses is unreasonable,and there are widespread phenomena such as high insurance premium rate,low compensation limit and narrow insurance coverage,which weakens the enthusiasm of doctors for insurance;Voluntary insurance mode is not conducive to the development of medical liability insurance;The relevant supporting system is not perfect.The third part of this paper is a simple analysis of the current overseas medical liability insurance system,including the medical liability insurance models of the United States,Britain,Japan and Germany,hoping to learn from their beneficial experience to improve China’s medical liability insurance system.The fourth part of this paper puts forward some suggestions to improve the medical liability insurance system,including making special legislation on medical liability insurance,establishing the compulsory insurance model,designing reasonable liability insurance clauses,and perfecting the supporting systems such as medical dispute mediation and medical appraisal. |
