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Article 50. Medical malpractice compensation is calculated according to the following items and standards:
1) Medical expenses: calculated according to the medical expenses incurred in the personal injury caused by the medical accident to the patient, and paid by vouchers, but excluding the medical expenses for the original disease. If it is really necessary to continue after the case is closed, it shall be paid according to the basic medical expenses.
2) Lost work expenses: If the patient has a fixed income, it shall be calculated according to the fixed income reduced by the patient due to lost work, and if the income is more than 3 times the average annual salary of the employee in the previous year in the place where the medical accident occurred, it shall be calculated according to 3 times; If there is no fixed income, it shall be calculated according to the average annual wage of the employee in the previous year in the place where the medical accident occurred. (3) Hospitalization meal subsidy:
It is calculated according to the standard of food allowance for general staff of state organs in the place where the medical accident occurred.
5) Disability living allowance: According to the level of disability, calculated according to the average annual living expenses of residents in the place where the medical accident occurred, the maximum compensation is 30 years from the month of disability; However, if you are over 60 years old, it will not exceed 15 years; Those over 70 years old should not exceed 5 years.
6) Expenses for disability appliances: If it is necessary to allocate compensatory functional appliances due to disability, it shall be calculated according to the cost of universal appliances with the certificate of the medical institution.
7) Funeral expenses: calculated in accordance with the funeral expenses subsidy standard stipulated by the place where the medical accident occurred.
8) Living expenses of dependents: Calculated in accordance with the minimum subsistence security standards for residents of the place of household registration or residence of the deceased or disabled person who were actually supported and did not have the ability to work before the deceased was alive or before the disabled person lost the ability to work. For those under the age of 16, they shall be supported until the age of 16.
for those who have reached the age of 16 but are unable to work, they shall be supported for 20 years; However, if you are over 60 years old, it will not exceed 15 years; Those over 70 years old should not exceed 5 years.
9) Transportation expenses: Calculated according to the actual necessary transportation expenses of the patient, paid by vouchers.
10) Accommodation fee: according to the medical <>
The standard of accommodation allowance for general staff of the state organ at the place where the accident occurred is calculated and paid with vouchers.
11) Solatium for mental damages: calculated on the basis of the average annual living expenses of residents in the place where the medical accident occurred. If the death of the patient is caused, the maximum compensation period shall not exceed 6 years; If the patient's disability is caused, the maximum period of compensation shall not exceed 3 years. Article 51.
The transportation expenses, lost work expenses, and lodging expenses required by the close relatives of patients participating in the handling of medical accidents are to be calculated with reference to the relevant provisions of Article 50 of these Regulations, and the number of persons who calculate the expenses shall not exceed 2.
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According to the regulations on the handling of medical accidents and relevant laws and regulations, the eighth level of medical malpractice is equal to the third grade of the third potato grade C medical malpractice, and the compensation index is 30%.
The specific compensation is as follows:
1. Medical expenses, medical expenses incurred and expected medical expenses;
2. The lost time pay is directly proportional to the lost time and income standard.
3. The hospital meal subsidy is related to the length of hospitalization.
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Summary. Hello dear and happy to answer your <>
The compensation for medical malpractice grade 8 disability is as follows: Medical malpractice grade 8 disability shall be compensated for medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies. Medical malpractice compensation is settled in a lump sum. At the request of both parties to a medical malpractice dispute, the administrative department of health may conduct mediation for compensation for medical malpractice.
How much is the medical malpractice grade 8 disability compensation.
Hello, if I have surgery in a tertiary hospital, the operation fails, and the appraisal result is level 8, how much can I compensate?
Hello, dear and dear, I am happy to answer for you [Daqi Cavity Safflower] <> medical malpractice grade 8 disability compensation is as follows Medical malpractice grade 8 disability should be compensated for medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospitalization food and liquid fees. Medical malpractice compensation is settled in a lump sum. At the request of both parties to a medical malpractice dispute, the administrative department of health may conduct mediation for compensation for medical malpractice.
Kiss around 100,000 oh <>
What about the follow-up fee?
Article 49 of the "Regulations on the Handling of Medical Accidents" of the laws and regulations on medical care shall consider the following factors to determine the specific amount of compensation: (1) the level of medical accidents; (2) The degree of responsibility for medical negligence in the harmful consequences of medical malpractice; (3) The relationship between the harmful consequences of medical malpractice and the patient's pre-existing medical condition. If it is not a medical accident, the medical institution shall not be liable for compensation.
Compensation for medical malpractice in the first paragraph of Article 50 shall be calculated in accordance with the following items and standards: (1) Medical expenses: The medical expenses incurred in accordance with the personal injury caused to the patient by the medical accident shall be calculated and paid by vouchers, but excluding the expenses of the medical treatment of the original disease.
If it is really necessary to continue after the case is closed, it shall be paid according to the basic medical expenses.
It's not wrapped in it, is it?
The <> is not included in the follow-up medical expenses of the kiss
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Summary. Parenting medical accident grade 8 disability compensation is about 3-100,000 yuan. Compensation shall be made for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies and other expenses for medical accident grade 8 disability.
Medical malpractice compensation is settled in a lump sum. At the request of both parties to the medical malpractice dispute, the health administrative department may conduct medical malpractice compensation mediation, and the eighth-grade disability compensation shall be paid by the social security institution for a one-time disability subsidy of 10 months, and the labor contract shall be terminated upon expiration, or if the employee himself proposes to terminate the labor contract, the employer shall pay a one-time disability employment subsidy, and the medical expenses incurred shall be calculated according to the personal injury caused by the medical accident to the patient, and the voucher shall be paid, but the medical expenses for the original illness shall not be included. If you really need to continue after the case is closed, you will pay according to the basic medical expenses
Kiss the stove to change the mind of the medical accident grade 8 disability compensation of about 3-100,000 yuan. Compensation shall be made for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies and other expenses for medical accident grade 8 disability. Medical malpractice compensation is settled in a lump sum.
At the request of both parties to the medical accident dispute, the health administrative department may conduct medical accident compensation mediation, and a one-time disability subsidy for grade 8 disability compensation shall be paid for 10 months, which shall be paid by the social security institution, and the labor contract shall be terminated upon expiration, or if the employee himself proposes to terminate the labor union, the employer shall pay a one-time disability employment subsidy, and the medical expenses incurred shall be calculated according to the personal injury caused by the medical accident to the patient, and the voucher shall be paid, but the medical expenses for the original disease shall not be included. If you really need to continue after the case is closed, you will pay according to the cost of basic medical treatment
If the patient has a fixed income, it shall be calculated according to the fixed income reduced by the person due to lost work, and if the income of the family is more than 3 times the average annual salary of the employee in the previous year in the place where the medical accident occurred, it shall be calculated as 3 times; If there is no fixed income, it shall be calculated according to the average annual wage of the employee in the previous year where the medical accident occurred, the food subsidy for the inpatient person shall be calculated according to the standard of food subsidy for the general staff of the state organ in the place where the medical accident occurred, and the escort fee shall be calculated according to the average annual salary of the employee in the previous year in the place where the medical accident occurred if the patient needs to be accompanied by a special person during the hospitalization
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Summary. Hello, Legal Analysis: How much is the compensation for medical malpractice grade 8 disability:
Medical expenses. The actual or inevitable medical expenses shall be determined on the basis of invoices or appraisal conclusions. Disability Compensation:
The urban standard is 18,606 yuan, 20 years, 30%=111636 yuan, and the rural standard is 6,232 yuan, 20 years, 30%=37,392 yuan. Disability compensation: urban standard 18,606 yuan 20 years 30% = 111636 yuan, rural standard 6,232 yuan 20 years 30% = 37,392 yuan.
Hello, legal analysis: how much is the compensation for medical malpractice grade 8 disability: medical expenses.
The medical expenses that are actually auspicious or inevitably incurred shall be determined by Feng Zheng on the basis of the invoice Yin Hongsong or the appraisal conclusion. Disability compensation: urban standard 18,606 yuan 20 years 30% = 111636 yuan, rural standard 6,232 yuan 20 years 30% = 37,392 yuan.
Disability compensation: urban standard 18,606 yuan 20 years 30% = 111636 yuan, rural standard 6,232 yuan 20 years 30% = 37,392 yuan.
Legal basis: Article 25 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of inability to work or the level of disability of the injured person, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. Article 20 of the "Opinions on Compensation for Personal Injury" provides that the compensation for lost work is determined according to the victim's lost work time and income status.
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