我国实行强制医疗责任保险的基本问题研究

在当前医疗责任风险日益严重的背景下,实行强制性的医疗职业责任保险是一个重要选择。笔者认为,实行强制性医疗职业责任保险很有必要,但目前强制保险只要求大中型公立医院参加的政策是本末倒置的,应当首先要求中小医疗机构强制参保。同时,应当高度重视强制保险带来的适当性和有效性约束的问题,并强化医疗责任保险实施中的医疗纠纷调解职能,但期望通过医疗责任保险的实施来明显减少和缓解医疗纠纷的想法是不现实的,确保医院的赔偿能力可以采用包括强制保险在内的多种途径。

It is an important decision to put compulsory medical professional liability insurance into practice in China as a reaction to the increasing medical liability risks. The authors argue that it is highly necessary to implement compulsory medical liability insurance policy, but it is the same as to put the cart before the horse to just require big public - owned hospitals to be insured. Small hospitals and clinics should be get insured by this compulsory system first. Furthermore, we should pay careful attention to the appropriateness and effectiveness of the constraints of the compulsory medical liability insurance and emphasize the role of mediation in dispute resolution. It should be noted that it is unrealistic to reduce and alleviate medical disputes by merely relying on medical liability insurance. Many other measures besides compulsory liability insurance can be applied to ensure the solvency of hospitals.