How to compensate for the death of a minor due to medical malpractice

First of all, a medical malpractice appraisal must be made, and only after the appraisal constitutes medical malpractice can the compensation amount be calculated. Minors are not married and have no children, are they? That is, according to the death compensation compensation for 20 years, as well as funeral expenses, medical expenses, etc., it is recommended to find a lawyer to consult, pay them to write a complaint, at most a few hundred yuan, they will help you calculate.

Legal analysis: Compensation for the accidental death of a minor shall be calculated over a period of 20 years according to 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.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 29: Death compensation is calculated on the basis of the per capita disposable income of urban residents in the previous year or the per capita net income of rural residents at the location of the court where the lawsuit is filed, and is calculated on a 20-year basis. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five rotten years.

The compensation for the death of a minor shall be calculated in accordance with the standard of per capita income of urban residents or per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, and shall be calculated over a period of 20 years. Death compensation refers to a certain amount of compensation given to the family of the deceased by the relevant responsible person in accordance with certain standards for the victim's closure due to various abnormal accidents or death.

Article 14 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: Funeral expenses are calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and are calculated on the basis of a total amount of six months. Article 10 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" Article 10 and 5: Death compensation is calculated over a period of 20 years 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. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Legal Analysis: Compensation for the accidental death of a minor shall be calculated over a period of 20 years according to 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 court is prosecuted.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases》 Article 29: Death compensation is calculated over a period of 20 years 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. However, if the age of six Li is more than ten years old, the age will be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

In the case of traffic accidents involving minors, compensation shall be made for items such as medical expenses, transportation expenses, escort expenses, loss of work expenses for relevant personnel, and death compensation, and compensation for death shall also be paid at 20 times the average income of the previous year, and it is also necessary to distinguish between urban and rural household registration.

1. How to compensate for the death of a minor in a traffic accident?

Where a minor dies as a result of a traffic accident, the following compensation items are mainly included:

1. Death compensation shall be calculated over a period of 20 years according to 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. However, if the age is over 60 years old, the age shall be reduced by 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years.

2. Funeral expenses shall be based on the average salary of employees in the previous year at the location of the court where the lawsuit is filed for 6 months;

3. The living expenses of the dependents, if the dependents are blind brothers of minors, they are calculated up to the age of 18; If you are unable to work and have no other livelihood, 20 years will be counted. However, if the age is over 60 years old, the age shall be reduced by 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years.

4. The transportation expenses of family members, in principle, shall not exceed the reasonable transportation expenses of three people to deal with traffic accidents; Excess will be counted as three people.

5. The accommodation fee for family members, in principle, shall not exceed the reasonable accommodation fee for three people to deal with traffic accidents; Excess will be counted as three people.

6. In principle, the compensation for lost work of family members shall not exceed the reasonable loss of work caused by three people dealing with traffic accidents; Excess will be counted as three people.

7. Solatium for mental damage. Depending on the state of economic development of the place where the court is sued, the amount of moral damages varies.

8. Rescue expenses. Calculated according to the actual occurrence of virtual hands.

2. Factors affecting the standard of compensation

1. The death compensation is related to the economic level of the court where the lawsuit is filed.

If the economic level of the place where the court is filed is relatively good, the per capita disposable income of urban residents or the per capita net income of rural residents will be relatively high, and the total amount of death compensation will be relatively high.

2. The death compensation is related to the deceased's household registration.

In the same area, the per capita disposable income of urban residents and the per capita net income of rural residents are not consistent, and there are often huge differences sometimes, resulting in a difference of several times in the amount of death compensation. Therefore, the law stipulates the conditions for rural households to receive compensation for death in accordance with the income standard of urban residents, and the close relatives of the deceased can actively strive for it according to the conditions.

3. The death compensation is related to the biological age of the deceased.

When the victim is older, it is not appropriate to make a larger death compensation according to the characteristics of the existence of life, so the national law links the number of years of death compensation with the age of the person, and the older the age, the less death compensation will be obtained.

The compensation for the death of a minor due to a traffic accident is no different from the compensation for adults, and the handling and determination of relevant circumstances shall be handled in combination with the actual cause of the traffic accident, and if the driver has not violated the law, the insurance company may make reasonable compensation within the scope of the compensation limit.