One Man's Meat Could Be Another Man's Poison: Comparison between the Compulsive Medical Malpractice Insurance in Florida, New York, California and Compulsory Automobile Liability Insurance in Taiwan

Autor: Wan-Jung Wu, 吳宛蓉
Rok vydání: 2014
Druh dokumentu: 學位論文 ; thesis
Popis: 102
Purpose: By comparing the medical malpractice insurance in three states in the U.S. and the automobile insurance in Taiwan, I aim to discuss whether compulsive medical malpractice insurance is a way to solve problems of the under-compensated patient and over-burdened physicians. Method: Comparative Law Study, Literature Review Results: Compulsive medical insurance doesn’t necessarily means patients get fully compensated. Physicians in Florida would rather “go-bare” leaving some of the patients without any compensation. In New York’s case, the government had to establish an indemnity fund to cover part of the compensation so as to keep the premium from skyrocketing. California’s medical malpractice insurance seems to run pretty well with MICRA. The Californian government enforced caps on non-economic damages, cut back premiums and litigation fee. Taiwan’s automobile insurance also worked well with large numbers of cars insured each year. Conclusion: Compulsive medical malpractice insurance will not be the only solution to the problem in Taiwan. Rather than just forcing every physician into insurance coverage and letting the market take charge, our government should seriously consider other methods. Most importantly, physicians consciousness to the need of insurance would be preferable than forcing them to buy insurance by law.
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