侵权法视角下医疗责任保险模式分析与优化——以福建省为例

Analysis and Optimizing the Mode of Medical Liability Insurance in the Perspective of Tort Low

我国医疗损害赔偿领域已经形成了侵权责任、责任保险相互补充的格局,侵权法视角下医疗责任保险各利益主体法律关系具有特殊性,使得医疗责任保险制度更加复杂。通过分析福建省各具特色的医疗责任保险模式,结合考察侵权法对医疗责任保险的影响,得出:医疗责任保险存在承保范围狭窄、理赔服务弱化及防控风险不足等问题。据此提出完善我国医疗责任保险服务的具体策略:确立政府为主导的强制医疗责任险,构建医疗责任保险理赔制度及优化预防激励机制。

The field of medical damage compensation in China has formed the pattern of mutual supplement of tort liability and liability insurance. The legal relationship of the stakeholders of medical liability insurance in the perspective of tort law has particularity, making the medical liability insurance system more complex. Through the analysis of the characteristics of the medi- cal liability insurance model in Fujian province, combined with the investigation of tort law on the impact of medical liability insur- ance, draw a conclusion： the medical liability insurance has the narrow coverage, the loss of settlement services and the risk of in- adequate prevention and control. According to this, we put forward the concrete strategy of perfecting the medical hability insur- ance service in our country： establishing the government - led compulsory medical liability insurance, constructing the medical liability insurance claim system, optimizing the prevention and incentive mechanism.