通过对我国医疗损害赔偿给付现状的分析,对国外医疗责任保险及给付的比较,认为:只有通过立法来建立一种强制医疗损害赔偿保险制度才能较合理地解决医疗损害受害人损害赔偿的兑现问题,同时,又不使医疗法人的正常医疗行为因此受到影响;并进一步指出了建立该种保险制度所存在的问题和对策。 Through the analysis of the status quo of China’s medical damages payment and the comparison of foreign medical liability insurance and payment, it is believed that only through the legislation to establish a compulsory medical damage compensation insurance system can we reasonably solve the problem of the realization of damage compensation for medical injury victims. At the same time, it does not affect the normal medical treatment of medical legal persons; therefore, it further points out the problems and countermeasures in establishing such insurance systems.