摘要：在如今的西方社会，医疗损害赔偿领域已形成了责任保险、侵权责任、社会保险三足鼎立的格局。医疗责任保险是侵权责任法从矫正正义发展到分配正义后所产生的，作用是分散医疗机构的医疗纠纷和应对医疗损害责任。《侵权责任法》的施行使得医疗机构的医疗损害责任加重，且举证责任加大，而使其面临的诉讼压力增加，从而影响到我国医疗责任保险模式的选择。目前，我国应当实行强制性的医疗责任保险，且不以商业险为主流，并且应强调其公益性。我国的医疗责任保险应当采取综合型的医疗责任保险的模式，既包括医疗机构责任保险，也包含医师责任保险。

关键词:医疗责任保险 第三人直接请求权 信息不对称

Abstract:In western society nowadays, the situation of tripartite confrontation of liability insurance, tort liability, social insurance in the field of medical treatment indemnity has already come into being. Medical liability insurance has developed from corrective justice to distributive justice, which functions as dispersing medical disputes and dealing with medical impairment responsibility. The implementation of Tort Liability Law has expanded both the obligation of medical impairment and the burden of proof, adding more litigation pressure to medical institutions, the influence of which lies in the choice of medical liability insurance pattern. At present, the obligatory medical liability insurance should be implemented in our country rather than the mainstream commercial insurance, and the public welfare should also be emphasized. Meanwhile, the medical liability insurance of our country should take the comprehensive pattern, including medical institutions' liability insurance and physicians' liability insurance.

Keywords: hospital liability insurance  direct claim right of the third party  asymmetric information