试析医疗风险社会化分担机制的构建

On the Establishment of a Social Sharing Mechanism of Medical Risks

医疗行业的高风险性可能使医疗损害超出医患双方的承受能力,而单纯的侵权法救济无法完全化解这种医疗风险。因此,应建立一种医疗责任保险、社会医疗保障、无过失补偿制度等多种形式相结合,由医疗机构、政府、社会团体、个人等共同分担的医疗风险分担机制。

Medical damage is usually beyond the capacity of both doctors and patients because of the high risks of medical industry, while the medical tort relief itself can not resolve the medical risks. Therefore, a medical risk sharing mechanism should be established, in which medical liability insurance, social medical security, no-fauh compensation system are combined and the risk is shared by medical institutions, government, social organizations, and individuals.