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Medical Malpractice Personal Injury Compensation Agreement (Sample).
Party A: Medical Institution).
Party B: Patient).
In accordance with the provisions of the Regulations on the Handling of Medical Accidents, Party A and Party B have reached the following agreement through negotiation and on a completely voluntary basis:
1. Basic information of the patient:
Name: Age: Gender: Origin: Address:
ID Number: Hospitalization Number:
Disease Diagnosis:**Result:
2. The level of medical malpractice jointly determined by the parties:
3. Causes of medical malpractice.
4. Amount of compensation.
1. Medical expenses: RMB;
2. Lost time pay: RMB;
3. Hospitalization meal subsidy: RMB;
4. Escort fee: RMB;
5. Disability living allowance: RMB;
6. Expenses for disability appliances: RMB;
7. Funeral expenses: RMB;
8. Living expenses of dependents: RMB;
9. Transportation expenses: RMB;
10. Accommodation fee: RMB;
11. Solatium for mental damage: RMB;
12. The spouse and immediate family members of the patient who died and participated in the funeral activities need transportation expenses, lost work expenses, and accommodation expenses: yuan (no more than 2 people).
6. Liability for breach of contract.
7. Miscellaneous. 1. Discharge treatment:
2. If it is a deceased patient, the corpse will be disposed of.
3. Miscellaneous. 8. The above agreement shall come into force after being signed or sealed by both parties.
Party A: Party B:
People: People:
Date: Date:
Witnesses: Date:
I'll send you one.,Writing won't help.,I hope you understand.。
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Sample Medical Malpractice Negotiation and Settlement Agreement.
Party A: Medical Institution) Party B: Patient).
In accordance with the provisions of the Regulations on the Handling of Medical Accidents, Party A and Party B have reached the following agreement through negotiation and on a completely voluntary basis:
1. Basic information of the patient: Name: Age: Gender: Nationality: Address: ID number: Hospitalization number: Disease diagnosis: **Result:
2. The level of medical malpractice jointly determined by the parties:
3. Causes of medical malpractice.
4. Amount of compensation.
1. Medical expenses: RMB;2. Lost time pay: RMB;3. Hospitalization meal subsidy:
Yuan; 4. Escort fee: RMB;5. Disability living allowance: RMB;6. Expenses for disability appliances:
Yuan; 7. Funeral expenses: RMB;8. Living expenses of dependents: RMB;9. Transportation expenses:
Yuan; 10. Accommodation fee: RMB;11. Solatium for mental damage: RMB;12. The spouse and immediate family members of the patient who died and participated in the funeral activities required transportation expenses, lost work expenses, and accommodation expenses
6. Liability for breach of contract.
7. Miscellaneous 1. Discharge Treatment: 2. In the case of a deceased patient, the corpse shall be disposed of 3. Miscellaneous 8. The above agreement shall come into force after being signed or sealed by both parties.
Party A: **People:
Party B: **People:
Date: Date:
Witnesses: Date:
Note: Specific terms can be increased or decreased according to different circumstances.
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1. Basic information of the patient;
2. The level of medical malpractice jointly recognized by Party A and B Tongchen;
3. Causes of medical malpractice;
4. The amount of compensation;
5. The time of payment of compensation;
6. Liability for breach of contract and solutions;
7. Write the effective date with the final signature and seal.
[Legal basis].Article 51 of the Regulations on the Handling of Medical Accidents.
The transportation expenses, lost work expenses, and accommodation expenses required by the close relatives of patients participating in the handling of medical accidents shall 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.
Where a patient dies as a result of a medical accident, the transportation expenses, lost work expenses, and lodging expenses required by the patient's spouse and immediate family members participating in the funeral activities 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 is not to exceed 2.
Article 52.
The compensation for medical malpractice shall be settled in a lump sum and shall be paid by the medical institution that bears the responsibility for the medical malpractice.
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The medical malpractice compensation agreement generally states the following contents: 1. The name or title and address of the parties; 2. Causes of medical malpractice; 3. The level of medical malpractice jointly determined by both parties; 4. The amount of compensation determined through negotiation; 5. The time limit and method of payment of compensation; 6. The payment and date of the parties.
[Legal basis].
Civil liability disputes such as compensation for medical accidents in the event of medical accidents in the 46th Brigade of the Regulations on the Handling of Medical Accidents may be resolved through negotiation between the doctor and the patient; If they are unwilling to negotiate or the negotiation fails, the parties may submit an application for mediation to the health administrative department, or they may directly file a civil lawsuit with the people's court. Article 47: Where the parties negotiate to resolve civil liability disputes such as compensation for medical chain dismantling accidents, they shall draft a written proposal of the association. The agreement shall clearly state the basic circumstances of both parties and the cause of the medical accident, the level of medical accident jointly determined by both parties, and the amount of compensation determined through negotiation, and shall be signed by both parties.
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A medical malpractice compensation agreement is a document that is an agreement between a medical institution and a patient regarding medical malpractice. The medical malpractice compensation agreement shall include the following contents: 1. The two parties to the medical malpractice compensation agreement, i.e., the medical institution and the patient; 2. The basic situation of the patient; 3. The level of medical malpractice jointly determined by both parties; 4. Causes of medical malpractice; 5. The amount of compensation; 6. The time of payment of compensation; 7. Liability for breach of contract, etc. Clarify the level of medical malpractice The level of medical malpractice is a key factor for medical institutions and patients to determine the amount of compensation.
Therefore, when signing a medical malpractice compensation agreement, both parties must have a clear grade appraisal of the medical malpractice, and the appraisal must be recognized by both parties. Detailed Causes of Medical Malpractice When signing the medical malpractice compensation agreement, the patient should specify in detail the cause of the medical malpractice, that is, the medical institution was at fault in the accident, and there is a causal relationship between the fault and the consequences of the personal injury. Compensation amount and payment time As the core of the medical malpractice compensation agreement, the compensation amount should be accurate, comprehensive, and reasonable.
The time for the payment of compensation shall be specifically determined, and it is not appropriate to use approximate numbers such as "approximately, around, and approximately". Liability for breach of contract In the agreement, the medical institution shall not pay compensation for the time limit, thereby delaying the patient**, and the follow-up ** expenses of the deterioration of the condition shall be borne by the medical institution. or to settle the payment through legal means.
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Legal analysis: The medical malpractice compensation agreement shall state the following contents: 1. The basic information of the patient; 2. The level of medical malpractice jointly recognized by both parties; 3. Causes of medical malpractice; 4. The amount of compensation; 5. The time of payment of compensation; 6. Liability for breach of contract and solutions; 7. Write the effective date with the final signature and seal.
Legal basis: Regulations on the Handling of Medical Accidents
Article 51: The transportation expenses, lost work expenses, and lodging expenses required by 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 is not to exceed 2. Where a medical accident causes the death of a patient, the transportation, lost work, and lodging expenses required by the spouse and immediate family members of the patient participating in the funeral activities are to be calculated with reference to the relevant provisions of article 50 of these Regulations, and the number of persons calculating the expenses is not to exceed 2.
Article 52: Compensation for medical accidents shall be settled in a lump sum and paid by the medical institution that bears responsibility for medical accidents.
Article 50. Medical malpractice compensation is calculated according to the following items and standards: >>>More
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