本文在综合考察美国、我国台湾和大陆地区有关保单条款的基础上,就医疗责任保险条款中一些重要和有特色性的条款进行比较和分析。作者认为应当明确约定双方的抗辩权,同时应当规定保险人的抗辩义务,但在大陆实施时应当审慎。应当将有关抗辩费用单列处理,但明确限定分担限额或者灵活处理则各有利弊,对于诉讼结案的,可以不用免赔额,但对于非诉讼渠道解决,应当适用免赔额。 Based on a comprehensive review of the relevant clauses in the United States, Taiwan and mainland China, this article compares and analyzes some important and distinctive clauses in the clauses on medical liability insurance. The author thinks that the defenses of both parties should be clearly stipulated, and at the same time the insurer’s defense obligations should be stipulated. However, they should exercise caution when implementing the plan in the Mainland. The relevant defaulting fees should be dealt with separately. However, there are advantages and disadvantages of clearly defining the limit of share or flexible handling. There is no need for deductible for settlement of litigation, but deductible should be applied for non-litigation channels.