由互助與保險之爭議論醫療互助金【月旦時論】 試閱
On Medical Pension Fund through the Dispute between Pension and Insurance
投保醫療業務責任保險雖為分散醫療責任風險重要選項之一，然因臺灣醫療糾紛之特性及保單設計不符市場需求，強制投保醫療業務責任保險亦有許多根本問題難以解決。過去許多互助會組織被認為係違反保險法「非保險業不得兼營保險（類似保險）之業務」。而醫院普遍使用之醫療互助金，因其管理要點非獨立契約，亦無院外救濟管道，欠缺「獨立的法律上請求權」要素而非保險。究其性質應屬醫院內部管理措施，無須受保險法之規範。
Even though the physician’s liability insurance is one of the most important options for spreading medical liability risks, there still are many fundamental problems with mandatory medical liability insurance in Taiwan, due to the characteristics of medical disputes, and because the policy doesn’t meet the market demands. In the past, many mutual fraternities were considered to be in violation of the Insurance Act, which states that “non-insurance companies are not allowed to engage in insurance or insurance-like business.” Medical pension funds, which are common in hospitals, are not insurance, because they are not independent contracts, don’t have any possibility for the remedy from the third party, and lacks the element of “independent legal claim right.” In opinion of this essay, the nature of the medical pension fund should be an internal management measure inside of the hospital and it should be subjected to the regulation of Insurance Act.
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