医疗责任保险的思考

Pondering over the development of medical liability insurance

大力发展医疗责任保险,对医疗执业过失给患者造成的损害进行充分赔偿,在保障患者和医疗机构及其医务人员的合法权益,优化医疗环境和医疗公共秩序方面有重要的促进作用。由于我国医院主体是公立医院,侵权法人身损害赔偿相对于综合医院尚未到重大程度,并且综合性医院每年发生的医疗过失案件基本确定,选择满足面临危险的医院财务安全需要的医疗责任保险模式,如医疗责任保险信托等,才能促进医疗责任保险的发展。实践表明,商业性医疗责任保险不宜成为我国医疗责任保险的主体。建立独立的医疗过失纠纷调解鉴定机构,才能保证医疗责任保险顺利开展。

Developing medical liability insurance energetically in order to compensate the patient damage made by medical malpractice sufficiently, has significant effects on the legal rights of the patient and the hospital as well as medical affairs, on optimizing medical condition and medical order. Because the hospitals are owned by the state, and the hospitals＇ profit is still not enough to compensate tort of personal damage. Moreover, the synthesis hospitals medical malpractice cases are certain. Choosing medical liability insurance models which can meet hospital financial security requirements, such as medical liability insurance trust, can prompt the development of medical liability insurance. According to the practices, it is shown that commercial medical liability insurance should not become the main part of medical liability insurance. Only establishing independently medical malpractice disputes mediation authentication agency can ensure medical liability insurance developing smoothly.