Preventing Medical Malpractice and Compensating Victimised Patients in China Book contents
- Frontmatter
- Acknowledgements
- Contents
- Abbreviations
- List of Figures and Tables
- Chapter 1 Introduction
- Part I Legal Remedies for Medical Malpractice in China
- Introductory Note
- Chapter 2 Health Care Provision and Regulation
- Chapter 3 Compensation for Iatrogenic Injuries under Tort Law
- Chapter 4 Medical Disputes, Iatrogenic Injury, Malpractice Litigation, and Patient Compensation: Empirical Evidence
- Chapter 5 Other Compensation Schemes
- Chapter 6 A Doctrinal Evaluation and Tentative Conclusions
- Part II Economic Theories and Empirical Evidence
- Part III Applying the Economic Observations to China
- Summary
- Bibliography
- Appendix 1 Legislation
- Appendix 2 Cases
- Appendix 3 Semi-Structured Interviews
- Valorisation Addendum
- Curriculum Vitae
Chapter 5 - Other Compensation Schemes
from Part I - Legal Remedies for Medical Malpractice in China
Published online by Cambridge University Press: 29 September 2018
- Frontmatter
- Acknowledgements
- Contents
- Abbreviations
- List of Figures and Tables
- Chapter 1 Introduction
- Part I Legal Remedies for Medical Malpractice in China
- Introductory Note
- Chapter 2 Health Care Provision and Regulation
- Chapter 3 Compensation for Iatrogenic Injuries under Tort Law
- Chapter 4 Medical Disputes, Iatrogenic Injury, Malpractice Litigation, and Patient Compensation: Empirical Evidence
- Chapter 5 Other Compensation Schemes
- Chapter 6 A Doctrinal Evaluation and Tentative Conclusions
- Part II Economic Theories and Empirical Evidence
- Part III Applying the Economic Observations to China
- Summary
- Bibliography
- Appendix 1 Legislation
- Appendix 2 Cases
- Appendix 3 Semi-Structured Interviews
- Valorisation Addendum
- Curriculum Vitae
Summary
INTRODUCTION
Chapter 5 attempts to examine alternative regimes of compensation in China that may cover at least part of the losses suffered by a victim of medical malpractice, which is an attempt to answer part of Sub-question (1-a). The most relevant mechanism is medical liability insurance (hereinafter MLI), often covering a large proportion of tort damages (Section 2). Some compensation schemes other than MLI will be examined in Section 3.
MEDICAL LIABILITY INSURANCE (MLI)
INTRODUCTION
In this Section, an attempt will be made to answer three sub-questions concerning MLI in China: first, what the legal basis is (Section 2.2); second, what the existing state of affairs of MLI is in China (Section 2.3); and third, what problems MLI in China is facing (Section 2.4).
LEGAL BASIS
In China, the legal basis for liability insurance, in general, is currently provided for in article 65 and article 66 of the Insurance Law 2009, which read as follows:
Art. 65: For the damage caused to a third party by the insured to a liability insurance contract, the insurer may directly pay insurance benefits to the third party according to law or the insurance contract.
Where the insured to the liability insurance contract causes any damage to a third party and the insured's liability for compensating the third party has been determined, at the request of the insured, the insurer shall directly pay insurance benefits to the third party. If the insured delays making a request, the third party shall have the right to directly request the insurer to pay the insurance benefits for the damage which the third party shall be compensated for.
Where the insured to the liability insurance contract causes any damage to a third party and the insured has not compensated the third party for the damage, the insurer shall not pay insurance benefits to the insured.
Liability insurance means a type of insurance which takes the insured's legal liability for compensation to a third party as the subject matter insured.
Art. 66: Where an arbitration or litigation is instituted against the insured to a liability insurance contract for an insured accident which causes damage to a third party, the arbitration or litigation costs and other necessary and reasonable expenses paid by the insured shall be covered by the insurer, unless it is otherwise provided for by the insurance contract.
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- Preventing Medical Malpractice and Compensating Victimised Patients in ChinaA Law and Economics Perspective, pp. 173 - 196Publisher: IntersentiaPrint publication year: 2017