What Is the Difference between Liability and Malpractice Insurance?

Mandatory medical accident liability insurance is to broaden the way to resolve medical disputes. The Ministry of Health has promoted the establishment of a third-party mediation mechanism for medical disputes. After the doctor-patient dispute arises, the patient does not directly contact the medical institution or medical staff, but applies directly to the insurance company for compensation.

Compulsory Liability Insurance

Mandatory medical accident liability insurance is to broaden the way to resolve medical disputes. The Ministry of Health has promoted the establishment of a third-party mediation mechanism for medical disputes. After the doctor-patient dispute arises, the patient does not directly contact the medical institution or medical staff, but applies directly to the insurance company for compensation.

On January 21, 2014, "2014 National

China's medical liability insurance trials began in the 1980s. In 2007, the China Insurance Regulatory Commission and other departments jointly issued the "Notice on Promoting Medical Liability Insurance Related Issues", which provided policy support for China's medical liability insurance. ^[1]

according to"

The insured must be qualified as a medical practitioner.

Hospitals or doctors with mandatory medical insurance for medical accidents must purchase them to increase compensation for victims of medical accidents and alleviate doctor-patient conflicts.

Ms. Tian Orange, who has been engaged in insurance for many years, introduced that medical liability insurance had appeared as early as around 2004. "It has been selling poorly. It seems that there are only one or two companies that really do such insurance in Shenyang. Our company does not currently have Develop such products. "

Medical liability insurance is very popular internationally. It can protect the legitimate rights and interests of both patients and medical institutions, which is equivalent to a type of occupational insurance. However, domestic sales are not very good.

"Medical liability insurance is in its infancy and has not been generally accepted by the public." Tian Orange attributed this to the fact that China's insurance is still in its infancy and needs government level to promote it.

The implementation of compulsory liability insurance for medical accidents. After the doctors apply for insurance, all medical disputes are handled by insurance companies. Doctors and hospitals can avoid conflicts with patients and their families. "In 100 medical disputes, insurance companies can mediate 90 successes. "

After the doctor has taken out medical dispute liability insurance, the insurance company will judge the medical dispute according to the actual situation and make relevant compensation to the patient according to law. Doctors are relieved from the pressure of medical disputes, they can focus more on medical treatment, and they have a greater possibility to practice more. Patients do not have to argue with hospitals and doctors over medical issues, and insurance companies will come up with corresponding compensation plans. ^[8]

Mandatory participation in medical liability insurance

Medical disputes are not uncommon in the United States, but when it comes to claims, there is no direct interest relationship between the doctor and the patient, because the insurance company is responsible for the compensation. Except for Florida, which allows doctors to provide other ways to prove their ability to pay, almost all states in the United States require medical practitioners to take out medical liability insurance, which not only transfers the doctor's risk, but also ensures that patients' interests can be compensated through effective channels. Not only the United States, but also developed countries such as Germany, the United Kingdom, and Canada have adopted mandatory insurance measures. When a dispute occurs, in order to clarify the liability in a timely manner, the insurance company will hire legal and medical professionals to participate in the investigation and to a certain extent play a role in resolving the dispute outside the lawsuit. ^[9]

Professional insurance company

Professional medical liability insurance companies in the United States provide a wide range of insurance services for different types of medical service personnel, including medical service volunteers and carers. Medical interns and intern nurses also have corresponding internship liability insurance. Hospitals also have the responsibility of medical institutions. Insurance, the scope of compensation includes injuries caused between patients. As a make up for the profit trend of commercial insurance, the doctor group also has a voluntary medical liability insurance that is established spontaneously. It is non-profit and mainly relies on premiums and fund operations. However, according to the classification of the United States Medical Council, because Chinese medicine is an alternative medicine, that is, "unconventional medicine", Chinese medicine is not a medical practice. ^[9]

Government to calm down disputes

The high compensation paid by the insurance company will also be fed back to the doctor's premium. American doctors will also have to pay high medical insurance premiums each year. Depending on the risks of different departments, there are differences in the upper limit of insurance benefits, such as 1 million or 3 million. Every year Premiums range from thousands to hundreds of thousands of dollars. Since the 1970s, there have been three medical liability insurance crises in the history of the United States, all of which are caused by the surge in lawsuits, which has caused insurance companies to make ends meet. As a result, doctors' premiums have been raised or the company has withdrawn from the medical liability insurance market. In 2003, doctors in several states, including West Virginia, took to the streets to protest against an unreasonable doubling of premiums, particularly in surgeries and obstetrics, which eventually led the government to calm down the dispute. ^[9]

Limitation of medical damages cap

Every medical liability insurance crisis will prompt the local government to introduce policies to reform. As early as 1975, the state of California legislated to limit the amount of compensation for mental damage to $ 250,000 and allowed insurance companies to reduce the burden by instalments. Since then, other states have continued to join the ranks. In 2003, in order to protect medical personnel from high compensation and insurance premiums to ensure normal practice, the US House of Representatives also passed a The bill limited general medical damages to $ 250,000. In 2006, Texas, which has always been costly, even limited the maximum personal compensation to 1.8 million. At the same time, in order to reduce the number of judicial proceedings, the bill recognizes the effectiveness of arbitration in resolving medical disputes, encourages an arbitration committee composed of retired judges and lawyers to guide doctors and patients to find a solution as soon as possible, and arbitration has therefore become an important way to resolve medical damages compensation cases. ^[9]

Adopt the no-fault principle

The judicial approach usually takes a long time. In order to balance the loss of patients, the United States has tried to learn from the Nordic countries to adopt the principle of no-fault compensation, that is, when patients claim damage, a designated review board determines the amount of compensation, but does not define whether the damage is Caused by a doctor. This compensation usually comes from the National Compensation Fund, which includes both taxes and hospital premiums. In response to the rising premiums, France, the United States, and other countries have also begun to use this method, but compensation is exclusive, that is, the choice of no fault compensation, on behalf of the patient to give up civil lawsuits. ^[9]