论医疗责任保险中的抗辩

Defense in Medical Liability Insurance

文章基于医疗责任保险实践和医疗机构现状,采用比较法分析了我国的医疗责任保险格式合同条款,指出解决医疗责任保险发展中的现存问题,首先应厘清保险人对患方索赔进行抗辩的法律性质,其次要防范保险人与被保险人在抗辩过程中的各种利益冲突,在此基础上约定保险人承担合同约定抗辩义务,并提出格式合同约定抗辩义务的思路。

Based on the medical liability insurance practices and the present conditions of medical treatment organization, the article intends to analyze the problems within the model contract of medical liability insurance ,and provides some legal suggestions for resolving these problems. Firstly,the nature of the defend clause should be clarified. Secondly,It is necessary to avoid every kind of benefit conflict between the insurer and the insured. The article suggests that the insurer＇s defend obligation clauses must be stipulated in the medical liability insurance contract. Some ideas about these clauses were also provided in this article.