Discussion of medical liability insurance / 中华医院管理杂志

ABSTRACT

Setting up and improving the system of medical liability insurance is the primary direction in and the chief means of dispersing medical risks and settling medical disputes. However, the system currently in use in China is confronted with a number of problems, including, on the theoretical plane, insufficient effective demand by medical institutions, varied understanding of the insurance-covered services by the parties involved, different expected values with regard to the final results of the insurance, and on an operational plane, the legal positioning of the disposition of medical disputes, the relationship between the rights and obligations of the parties involved during dispositions or lawsuits, the comprehension and explanation of certain provisions of the insurance and so on. In order to solve these problems, it is necessary to take such measures as setting up a mechanism for negotiations in the trial period of medical liability insurance, opening up insurance market, implementing the separation of medical administrative liabilities and civil compensation liabilities, and encouraging patients to buy medical risk insurance while developing medical liability insurance The goal is to improve the system of medical liability insurance, harmonize the relation between doctors and patients, and thus build a harmonious society.