It needs innovative consciousness to go ahead of the rest by inches to pursue and cure the responsibility
It needs innovative consciousness to go ahead of the rest by inches to pursue and cure the responsibility
The intersection of pine and the intersection of topic and background Xu, China of person, Li, in recent years, our country a plurality of city pursue interconnected system it covers medical responsibility to be dangerous. But seen from present situation, the implementation that medical responsibility is dangerous is in " applauds and does not draw well ing " Condition. In the western developed country, it is that a medical organization shifts the operation risk, current method to deal with medical dispute to insure for medical responsibility. How it unties medical responsibility to be dangerous to have difficulty moving about in our country " Form " ,There are different views at present. Since in the pilot project of Yunnan Province in 1999, have already Beijing, Shanghai, Qingdao, Kunming,etc. have launched the medical responsibility insurance kind pilot project so far. Beijing claimed to implement the medical liability insurance by force since January 1, 2005. In June of 2007, Jiangsu Province says even that will implement the medical liability insurance in more than public medical organizations of more than 400 of the whole province second. It is dangerous and relatively late that our country implements medical responsibility, pursue and have difficulty moving about. It is reported, even require in the government that assuares the way pursues the dangerous city of medical responsibility with the interconnected system, also some medical organizations have not participated in the interconnected system to cover medical responsibility dangerously. Medical responsibility pursues the view by inches differently according to the investigation, different views exist about the implementation that medical responsibility is dangerous at present. The persons who hold a definite attitude of various circles of society are in the majority, think that curing the responsibility dangerously can help the patient, medical organization and medical worker to improve the ability of the medical risk of the defence to a certain extent, also relieve nervous relations of doctors and patients. Some hospital administrators think, force medical responsibility to be put into too high by inches, the premium nearly needs more than 700,000 yuan in the whole year of hospital of a the first, second and third, well-above the claims settlement expenses used for solving the medical dispute of one year of the hospital. And many patients say that unwilling to have dealings with insurance company. They think, the medical dispute is the contradiction during the doctors and patients, can't expect the insurance company to " interfere with others' affairs " . Some patients are even anxious, after implementing medical responsibility dangerously, the doctor has no risk compensated for, the sense of responsibility will be reduced, may " make " More malpractices. Awkward situation " The crux " In where the intersection of medical insurance and both sides there is difference to medical the intersection of responsibility and dangerous claims settlement range at first. The hospital does not think the compensation range that medical responsibility is dangerous should be only limited to the malpractice. Because according to the preliminary statistics, in the present medical dispute, the malpractice only accounts for about 20%. So, the claims settlement range that medical responsibility is dangerous should be expanded, besides malpractice, because attitude, management of the hospital or medical quality produced the dispute, suffer from and then demand to compensate, the insurance company should settle a claim. The insurance company is to pursuing the view with dangerous medical responsibility, the rate of joining insurance of medical organization is originally not high, department that and mostly the malpractice with higher probability happens to the unit joining insurance. Because does not have " The rule of the great number " Guarantee,there are getting higher in interest on insurance company participation until responsibilities medical is dangerous. Secondly" Distrust " The origin remains as before. The key problem that the medical dispute involves is that the responsibility is divided, it is the key to settling a claim in insurance, need to determine that draw the conclusion through the malpractice. The insurance company does not have qualification that malpractice appraises, have to entrust and appraise the malpractice. But the present malpractice appraises the system, there is " fellow disciple's brother " in public eyes , " the people on one's own side are broken and own " It dislikes, influence the just result of the expert's conclusion virtually. Suffer from it and then to appraising " Distrust " Question,last contradiction of lasting focusing, certainly solve too difficultly by disputes medical fundamentally. The third is the medical responsibility to popularize legal obstacle by inches. In our country, the medical risk society bears the setting-up and development of market of medical liability insurance of the mechanism and just starts. Though the insurance companies of a lot of places put out the insurance kind with dangerous medical responsibility in succession, but in our country's present laws and regulations, standardize the regulation with dangerous medical responsibility, there is only article 49 and article 50 in " law of insurance ", and the statement of this law clause is very simple, practicality is not strong. Guarantee that there is no hygiene to manage the laws and regulations in the implementation that medical responsibility is dangerous, it is a kind of obviously shortcoming. In " the the intersection of traffic and safety law " that our country implement recently, article 98 to violate by force insuring the intersection of motor vehicle and the intersection of the other person and behavioral the intersection of consequence and clear regulation that make of liability insurance. This undoubtedly treats dangerous a beneficial reference that insures to stipulate by force of responsibility in improving and curing legal Chinese medicine of the thing. Pursue, need cure dangerous responsibility innovative consciousness for dangerous to pursue medical responsibility, Ministry of Public Health, State Administration of Traditional Chinese Medicine, The China Insurance Regulatory Commission have issued the special " notice ", "call upon the regional hygiene medical organization to establish correct sense of risk, fully utilize economic means such as insurance to dissolve the medical risk; The insurance department should carry on products innovation actively, design the clause, science to determine the rate, meet the medical liability insurance demand of diversification rationally. " In fact, it is dangerous to pursue medical responsibility, hospital's greatest hope, it is to pass and insure for medical responsibility. This not only can solve the general medical dispute, also can be through the involvement of the insurance company, solve and include " Medicine makes a noise " Great dispute question inclusive. But the insurance company thinks, a dangerous an important reason different to push away of medical responsibility, it is the doctors and patients both sides " Solve privately " Some disputes, make the insurance company unable to know the precise data taking place in medical dispute of our country's medical system. Without the support of basic data, the insurance company is unable to make the scientific rate standard, cause either the hospital complains about the premium too high, or the insurance company undertakes the difficult situation that estimates the risk. It is obvious, will pursue medical responsibility dangerously at the present stage, need innovating on the mechanism, idea and goal at first. In at mechanism set up, should contain medical the intersection of trade and the intersection of risk and controlling mechanism, third party, dispute of doctors and patients, it handles mechanisms, medical responsibility to be dangerous to shift mechanism while being all-round. Read reasonably, should strive to realize medical treatment, insurance and patient's every rights and interests are won together. In the goal is presumed, should be by way of setting up the responsibility insurance policy coverage of medical operation, build the good medical operation environment, protect the medical worker operation rights and interests, encourage medical science to explore the behavior, it is harmonious to realize doctors and patients progressively. Secondly, the setting-up of the responsibility risk security mechanism of the medical operation, could not be finished by a contract of insurance. It needs improvement of whole quality of medical personnel's team, needs objective cognition of the medical risk of the whole society, appraises and tolerant even more. In this way, the implementation that medical responsibility is dangerous could jump out the circle of the traditional business insurance, really play its unique role.
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