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KMID : 0986720000070010069
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Korean Journal of Medicine and Law
2000 Volume.7 No. 1 p.69 ~ p.86
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Economical Analysis on Medical Liability Compensation System
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김정동/Jeong Dong Kim
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Abstract
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Medical malpractice liability has become a serious social problem in Korea these days. A society must have an appropriate legal system and an efficient insurance system in order to settle medical malpractice problem effectively. However, those
two
systems are in a very disappointing situation in Korea. Korean people has made efforts to legalize the Medical Malpractice Dispute Arbitration Bill for more than ten years, but the law has not been legalized yet. The reason for the failure of
legalization of the bill is the disagreement of the interest groups. However, the more important point for the bill to notice is that the bill includes some harmful clauses for the insurance consumers and patients. The bill rules that the supply
of
the
insurance is monopolized by the doctors association and the hospital association, and the purchase of the insurance is compulsory for the doctors. These rules of the bill deprive the consumers (doctors) of their rights of choice, and has no
device
to
motivate the insures work for their customers. The rules are unfavorable against doctors and patients, but unfairly favorable to the insurers. The insurance system must be based on the principles of competitive markets to make all the parties in
the
medical malpractice system beneficial. This article also provides the reason why the people covered by the national medical insurance should pay a part of the premium of the medical malpractice insurance.
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