医疗责任公益信托研究

Discussion on charitable trust for medical dispute.

目前医疗责任保险存在低赔付率，医疗机构作为医疗责任保险的赔付主体未变，医疗纠纷调解缺乏中立性等问题。本研究提出医疗责任公益信托模式，将医疗责任赔付信托给第三方公益组织，以期达到对医疗过失受害患者依法、充分合理赔偿，将综合性医院的医疗纠纷从医院内转移到医院外以减少医疗纠纷对医疗秩序的影响，保障基层医院医疗损害责任赔偿的经济风险，将医院提供的费用尽可能多地用于因医疗过失赔偿的患者的目的。

There are some deficiencies in Medical Liability Insurance （MLI）, such as a low loss ratio of MLI, medi- cal institutions are still a major compensating entity of MLI, and a lack of an independent and objective agency of mediation verification. The charitable trusts of medical liability model is designed according to the Trust Law of the People＇s Republic of China. The medical institution ＂trusts＂, other than consigns, its medical liability to a charitable trustee of medical liabili- ty （the ＂charitable trustee＂） via a contract of trust, whereby the charitable trustee will indemnify any caused by medical negligence of the medical institution. damage to the patient Therefore, the victim of medical negligence will be compensated fully and reasonably and medical disputes will be transferred and solved outside of the hospital, reducing its effect on med- ical institution. It reduces the hospital＇s economic risk and the victimis compensated by the hospital as much as possible.