浅谈建立医疗意外保险制度

Talking about the Establishment of Medical Accident Insurance System

在我国司法实践中,对医疗意外的损害赔偿主要通过公平责任原则来处理,但是,这种责任分配模式对医患双方都有很大的局限性,不利于医疗纠纷的处理。尽快建立医疗意外保险制度,切实维护医患双方的合法权益,是解决此类纠纷的一个出口。该文从医疗意外保险的必要性出发,探讨应怎样设立医疗意外保险,保险的具体运作模式、保险赔付以及保险赔偿责任的范围等。

In China’s judicial practice, compensation for medical accident damage is mainly handled through the principle of fair liability. However, this mode of responsibility distribution has great limitations for both the doctor and the patient,which is not conducive to the treatment of medical disputes. Establishing a medical accident insurance system as soon as possible, and effectively protecting the legitimate rights and interests of both doctors and patients, is an outlet for resolving such disputes. This article starts from the necessity of medical accident insurance, and talks about how to set up medical accident insurance, the specific operation mode of insurance, insurance compensation and the scope of insurance liability.