医疗损害赔偿分担机制及其模式选择

On Sharing Mechanism and Mode Choice of Medical Damage Compensation

医疗损害赔偿分担机制是实现损害赔偿风险转移的重要途径。从国外经验看,医疗损害赔偿分担模式包括社会保险、相互保险和医疗责任保险三种,三种模式各有利弊,并不存在最好之模式,而只有符合本国国情的适当模式。目前国内医疗责任保险并未充分发挥风险分散之效果,借鉴国内外经验,发展互助保险或许是未来可供选择的方案。

Medical damage sharing mechanism is an important way to disperse compensation risks. From the foreign experiences, medical damage sharing mechanism includes social insurance, mutual insurance and medical malpractice insurance. The three models have their own advantages and disadvantages, none of them is the best one but only the appropriate mode for the specific national conditions. At present, domestic medical malpractice insurance does not give full play to spread risks. And studying from the experiences home and abroad, and developing mutual insurance may be the selection for the future.