How much is the litigation fee for a medical malpractice case of more than 1,000 yuan

For civil lawsuits filed due to medical disputes, the charging standard is: property cases are paid cumulatively according to the amount of the litigation claim in the following proportions: 1

if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece; 2.The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment; 3.The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%; Wait a minute.

The case acceptance fee is 50 yuan. However, there may be other costs.

According to article 107 of the Civil Procedure Law, a party to a civil lawsuit shall pay a case acceptance fee in accordance with the regulations. In addition to the case acceptance fee, other litigation fees shall be paid in accordance with regulations.

In addition to collecting the case acceptance fee from the parties, the people's court shall also collect the actual expenses incurred in the trial of the case and other matters. It mainly includes: 1. Inquest fee, appraisal fee, announcement fee, and translation fee (except for the local common ethnic language and script).

2. Witnesses, evaluators, and translators who appear in court on the date decided by the people's court for transportation, accommodation, living expenses, and compensation for lost work. 3. The application fee and the actual expenses for the use of litigation preservation measures. 4. The actual expenses incurred in enforcing the judgment, ruling or mediation agreement.

5. Other litigation costs that the people's court deems should be borne by the parties.

1. Standards for medical dispute litigation costs.

1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;

2. The part exceeding 10,000 yuan to 100,000 yuan shall be paid;

3. The part exceeding 100,000 yuan to 200,000 yuan shall be paid according to 2;

4. The part exceeding 200,000 yuan to 500,000 yuan shall be paid;

5 The part exceeding 500,000 yuan to 1 million yuan shall be paid according to 1;

6. The part exceeding 1 million yuan to 2 million yuan shall be paid;

7. The part exceeding 2 million yuan to 5 million yuan shall be paid;

8 The part exceeding 5 million yuan to 10 million yuan shall be paid;

9. The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment;

10 The part exceeding 20 million yuan shall be paid. Zhonghu.

2. Circumstances in which exemption from payment of litigation costs is granted.

1. Disabled persons have no fixed livelihood**;

2. Recourse for alimony, alimony, childcare, or pension;

3. Recipients of the minimum subsistence guarantee, regular relief for the extremely poor in rural areas, recipients of the five guarantees in rural areas, or persons receiving unemployment insurance money, who have no other income;

4. Where one's lawful rights and interests are harmed due to acts of righteousness or courage or to protect the public interest, and the person or his close relatives request compensation or compensation;

5. Other circumstances that really need to be exempted.

3. Circumstances in which a reduction in the payment of litigation costs is permitted.

1. Those who have difficulties in living due to force majeure such as natural disasters, are receiving social assistance, or are unable to continue family production and operation;

2. Those who are the recipients of preferential care and resettlement as provided by the state;

3. Social welfare institutions and aid management stations;

4. Other circumstances that really need to be reduced.

Where the people's court approves a reduction in the payment of litigation fees, the reduction ratio is not less than 30.

4. Deferred payment of litigation costs shall be granted.

1. Recourse to social insurance and economic compensation;

2. The victim of the accident, traffic accident, medical accident, work-related accident, product quality accident or other personal injury accident claims compensation;

3. Those who are receiving legal aid from relevant departments;

4. Other circumstances that really need to be postponed.

Through the above content, we can understand that the litigation fee of 20,000 yuan for medical malpractice cases is about 300 yuan, and the calculation standard is not more than 10,000 yuan, and 50 yuan is paid for each piece plus the part exceeding 10,000 yuan to 100,000 yuan, according to the payment, a total of 300 yuan. If you want to know more about the costs of litigation, you can consult a lawyer.

Medical Malpractice Court Litigation Fee Standards.

1.if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;

2.The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment;

3.The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%;

4.The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment;

5.The part exceeding 500,000 yuan to 1 million yuan shall be paid at 1%;

The cost of a medical lawsuit includes:

1. Fees charged by the court (this part of the expenses shall be paid in advance by the prosecution and shall be actually borne by the losing party):

1. Case acceptance fee;

2. Appraisal fees, announcement fees, evaluation fees, and expert fees incurred in the course of litigation; (In most cases, such costs are not actually incurred);

2. The cost of hiring a lawyer:

Attorney fees are usually charged by the parties and the law firm through negotiation according to the size of the subject matter of the case and the difficulty of the case;

The lawyer's fees are borne by the party that hires the lawyer, and in some special cases, the losing party bears a certain percentage of the lawyer's fees of the winning party.

3. Miscellaneous expenses. In the process of handling the case, there will inevitably be miscellaneous expenses such as industrial and commercial inquiries, transportation, communications, accommodation, and photocopying;

If a lawyer is hired, the expenses incurred by the lawyer in handling the case may be reimbursed on the basis of the bill or agreed with the parties in advance in the form of lump sum.

To sue a hospital, it is first necessary to determine which court to sue, that is, the jurisdiction of the court. Generally speaking, medical malpractice litigation is in the grassroots courts at the district and county levels, and unless the subject matter of the litigation is deliberately raised to tens of millions, it is possible to file a case in the intermediate court, but the gains outweigh the losses, because the court not only cannot award so much, but the parties also have to pay a lot of litigation fees.

Generally speaking, medical malpractice litigation is mostly under the jurisdiction of the local court where the medical institution is located, which is a statutory jurisdiction that the parties cannot choose, and the relationship between the local court and the medical institution is something that most of the affected parties are afraid of.

However, after diagnosis and treatment by multiple medical institutions, especially across provinces and cities, it is necessary to pay attention to the choice of court jurisdiction. To exaggerate, sometimes the choice of court jurisdiction can determine the outcome of a case.

The costs involved in a medical malpractice lawsuit may include litigation costs, attorney fees, and other miscellaneous expenses, but not all three of these costs are guaranteed. The specific situation also depends on the actual situation, for example, some parties to the lawsuit are unwilling to hire a lawyer, then there will be no lawyer fees.

Legal Analysis: Medical Malpractice Court Litigation Fee Standards:

1.if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;

2.The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment;

3.The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%;

4.The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment;

5.The part exceeding 500,000 yuan to 1 million yuan shall be paid at 1%;

The basis of the law of the circle:

Article 118 of the Civil Procedure Law of the People's Republic of China: Types and payment of litigation costs.

Parties conducting civil litigation shall pay case acceptance fees in accordance with provisions. In property cases, in addition to paying the case acceptance fee as early as possible, other litigation fees shall be paid in accordance with regulations. Where parties have real difficulties in paying litigation fees, they may apply to the people's court for a delay, reduction, or waiver of payment in accordance with provisions.

The measures for collecting litigation costs shall be formulated separately.

How to calculate the litigation costs of medical disputes: 1. Rules for the collection of litigation feesIn the process of filing a case for prosecution, in accordance with the provisions of China's litigation law, the plaintiff should first pay the litigation fees in advance. According to the provisions of China's litigation law, the litigation fee shall be borne by the losing party, so the plaintiff shall pay the litigation fee in advance when paying the litigation fee, and after the judgment is rendered, the court shall distinguish the responsibilities, share the proportion of the litigation fee, and then determine the litigation fee.

For the plaintiff, it is actually a process of the plaintiff "refunding more and making up less", and if the lawsuit is won, the litigation fee will be refunded; If the lawsuit is completely lost, no further payment will be made; If it is part of the liability, it shall be shared by the plaintiff and the defendant respectively according to the "proportion of liability". 2. Calculation standards for litigation feesIn order to facilitate the litigation of the parties and reduce the litigation costs, China has re-promulgated the "Measures for the Payment of Litigation Fees".

if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece; 2.The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment; 3.The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%; 4.

The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment; 5.The part exceeding 500,000 yuan to 1 million yuan shall be paid at 1%; 6.The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment; 7.

The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment; 3. Quick table of litigation fees Since the payment of litigation fees is calculated according to the amount of compensation proposed by the parties, it is not convenient to calculate it for patients and their families who have not been in contact with the law, so I will give you a quick table: 1Not more than 10,000 yuan:

Pay 50 yuan per piece 2More than 10,000 yuan to 100,000 yuan: the amount of the subject matter of the lawsuit 3

More than 100,000 yuan to 200,000 yuan: 2% of the subject matter of the lawsuit + 300 yuan 4More than 200,000 yuan to 500,000 yuan:

The amount of the subject matter of the lawsuit is 5More than 500,000 yuan to 1 million yuan: 1% of the subject matter of the lawsuit + 3,800 yuan 6

More than $1,000,000 to $2,000,000: $7More than 2 million yuan to 5 million yuan:

The amount of the subject matter of the lawsuit.

1. Calculation standard of litigation fees: In order to facilitate the litigation of the parties and reduce the litigation costs, China has re-issued the "Measures for the Payment of Litigation Fees", and medical dispute cases shall be paid cumulatively according to the following proportions according to the amount or value of the litigation claim.

1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;

2) The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to 2 5;

3) The part exceeding 100,000 yuan to 200,000 yuan shall be paid according to 2;

4) The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to 1 5;

5) The part exceeding 500,000 yuan to 1 million yuan shall be paid according to 1;

6) The part exceeding 1 million yuan to 2 million yuan shall be paid according to 0 9;

7) The part exceeding 2 million yuan to 5 million yuan shall be paid according to 0 8;

2. Quick calculation table of litigation costs: Since the payment of litigation fees is calculated according to the amount of compensation proposed by the parties and calculated according to the cumulative sale of segments, it is not convenient to calculate as patients and their families who have not been in contact with the law

1) No more than 10,000 yuan: 50 yuan per piece.

2) The chain exceeds 10,000 yuan to 100,000 yuan: the amount of the subject matter of the lawsuit is 2 5 200 yuan.

3) Over 100,000 yuan to 200,000 yuan: the amount of the subject matter of the litigation is 2,300 yuan.

4) More than 200,000 yuan to 500,000 yuan: the amount of the subject matter of the lawsuit is 1 5 1,300 yuan.

5) Over 500,000 yuan to 1 million yuan: the amount of the subject matter of the litigation is 13,800 yuan.

6) More than 1 million yuan to 2 million yuan: the amount of the subject matter of the lawsuit is 0 9 4800 yuan.

7) Over 2 million yuan to 5 million yuan: the amount of the subject matter of the lawsuit is 0 8 6800 yuan.

1. Materials required for the medical dispute litigation process.

1. Proof of the plaintiff's identity;

2. Proof of the defendant's subject; (If you are suing a personal clinic, or an individual who practices medicine illegally, then provide the defendant's personal information, at least an accurate mailing address and **, to ensure that the court's summons can be mailed to the defendant's home, at least the judge can contact the defendant If you are suing a big hospital, you can generally find the address of the hospital on the Internet**, it is very important to write**, if you write the wrong address, the court can **contact them.) The director of the hospital changes frequently, and the name of the director is written incorrectly, which is not a big problem).

3. Complaint;

4. Medical records;

5. Proof of damage consequences; (Death certificate, medical certificate of disability consequences, etc.)

6. Evidentiary materials for the plaintiff's various economic losses. (Transportation expenses, medical expenses, etc.).

Legal analysis: According to the amount of the claim in the case, the payment is made in stages.

Legal basis: Article 13 of the People's Republic of China's "Measures for the Payment of Litigation Fees" Case acceptance fees shall be paid in accordance with the following standards:

1) In property cases, according to the amount or value of the litigation claim, it shall be paid cumulatively in accordance with the following proportions:

1.if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;

2.The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment;

3.The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%;

4.The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment;

5.The part exceeding 500,000 yuan to 1 million yuan shall be paid at 1%;

6.The part of the super bright concession of 1 million yuan to 2 million yuan shall be paid according to the payment;

7.The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment;

8.The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment;

9.The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment;

10.The part exceeding 20 million yuan shall be paid according to the payment.