福建省医疗责任保险述评

A Review of Medical Liability Insurance in Fujian Province

福建省医疗责任保险已经推行多年,并在各个地方形成各具特色的模式。对福建省医疗责任保险现行规定进行梳理,并从医疗责任保险的主体、运行模式以及法定条款三个方面的现状展开研究和分析,结合医患纠纷调解机制、互助基金制度与《侵权责任法》等配套制度加以阐释,指出福建省医疗责任保险运行过程中存在的风险防控能力薄弱、调解机制不健全、侵权法有关界定不明晰等问题,未来应推动医疗责任保险与医患纠纷调解的有效衔接,进一步完善法律法规和相关配套制度。

Medical liability insurance has been implemented for many years in Fujian province, which has formed a distinctive pattern in different places. This paper reviewed the current regulations of medical liability insurance in Fuiian province, investigated and analyzed the main body of medical liability insurance, operation mode and legal provisions, and explained the mediation mechanism of medical dispute, mutual fund system and Tort Liability Law. h pointed out that there were some problems in the process of medical liability insurance in Fujian province, such as the weak ability of risk prevention and control, the imperfect mediation mechanism and the unclear definition of tort law. In the future, we should promote the effective convergence of medical liability insurance and medical dispute mediation, and further improve laws, regulations and the related supporting system.