Ask for help calculating malpractice claims10

Don't calculate according to this, but take full responsibility according to the fault of the judicial appraisal. The Tort Liability Law was applied to medical malpractice in 2010. Medical malpractice compensation is low. To do a disability assessment, look at the level of disability ---

1. Medical expenses: calculated according to the medical expenses incurred in the personal injury caused to the patient by the medical accident;

2. Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for general staff of state organs in the place where the medical accident occurred;

3. Funeral expenses: calculated according to the funeral expenses subsidy standard stipulated by the place where the medical accident occurred;

4. Solatium for mental damage: calculated according to the average annual living expenses of residents in the place where the medical accident occurred.

[Legal basis].

Article 50 of the Regulations on the Handling of Medical Accidents.

Medical malpractice compensation is calculated according to the items and standards listed below

1) Medical expenses: The medical expenses incurred in the personal injury caused by the medical accident to the patient shall be calculated 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: calculated according to the business trip meal subsidy standard for general staff of state organs in the place where the medical accident occurred.

1.Reimbursement amount of medical expenses = incurred medical expenses (excluding medical expenses for the original disease) + expected medical expenses.

2.Compensation amount for lost time = lost time Income standard (the patient's fixed income lost due to lost work).

3.Hospitalization meal allowance = length of hospitalization The standard of business trip meal allowance for general staff of the state agency in the place where the medical accident occurred.

4.Compensation amount of escort fee = number of days of escort Number of escorts The average annual salary of employees in the previous year at the site of the medical accident.

5.Disability State Fuel Subsistence Allowance Compensation = Disability Level Average annual living expenses of residents in the place where the medical accident occurred Compensation period.

6.Compensation amount for disability equipment = cost for popularization of Yamanai-type equipment.

7.Compensation amount for funeral expenses = 6 months of average monthly salary of employees in the city in the previous year.

8.Compensation amount for living expenses of dependents = number of dependents, minimum subsistence security standard for local residents, number of years of dependents.

9.Compensation amount for transportation expenses = the sum of the amount of transportation expenses actually required.

10.Compensation amount for accommodation expenses = number of days of accommodation The standard of accommodation allowance for general staff of the state agency in the place where the medical accident occurred.

11.Compensation amount of moral injury pension = average annual living expenses of residents in the place where the medical accident occurred (up to 6 years for death and 3 years for disability).

The formula for calculating medical malpractice compensation is as follows: 1. Compensation amount for medical expenses Medical expenses incurred (excluding medical expenses for primary diseases) Expected medical expenses 2. Compensation amount for lost work expenses Lost time Income standard (fixed income reduced by the patient due to lost work) 3. Hospitalization food subsidy Hospitalization time Food subsidy standard for general staff of state organs 4. Compensation amount for escort expenses Number of days of escort Number of escorts The average annual wage of employees in the previous year in the place where the medical accident occurred 5. Disability living allowance compensation Disability level The average annual living allowance of residents in the place where the medical accident occurred Compensation period 6, the amount of compensation for the cost of disabled electrical appliances 7, the amount of compensation for funeral expenses The average monthly wage of employees in the city in the previous year 6 months 8, the amount of compensation for the living expenses of dependents Number of dependents The minimum living security standard for local residents 9, the amount of compensation for transportation expenses The sum of the amount of actual transportation expenses 10 Amount of accommodation compensation Number of days of accommodation Accommodation subsidy standard for general staff of state organs in the place where the medical accident occurred 11, Amount of compensation for moral damages: the average annual living expenses of residents in the place where the medical accident occurred (up to 6 years for death), and up to 3 years for disability). Article 17 of the "Full Text of the Judicial Interpretation on Compensation for Personal Injury" The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to missed travel, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

Medical Malpractice Compensation Calculation Formula:1Reimbursement amount of medical expenses = incurred medical expenses (excluding medical expenses for primary diseases) + expected medical expenses 2

Compensation amount for lost time = lost time Income standard (the patient's fixed income reduced due to lost work) 3Hospitalization meal subsidy = length of hospitalization Business trip meal subsidy standard for general staff of state agencies in the place where the medical accident occurred 4Compensation amount of escort fee = number of days of escort Number of escorts The average annual salary of employees in the previous year in the place where the medical accident occurred was 5

Disability living allowance compensation = disability level Average annual living expenses of residents in the place where the medical accident occurred Compensation period 6Compensation amount for disability equipment = cost for general-purpose equipment7Compensation amount for funeral expenses = average monthly salary of employees in the city in the previous year 6 months 8

Compensation amount for living expenses of dependents = number of dependents Minimum living security standard for local residents Dependency period 9Compensation amount for transportation expenses = the sum of the amount of documents for transportation expenses actually necessary10Compensation amount for accommodation expenses = number of days of accommodation Accommodation allowance standard for general staff of a state agency in the place where the medical accident occurred 11

Compensation amount of moral injury pension = average annual living expenses of residents in the place where the medical accident occurred (the maximum number of years of death is not more than 6 years, and the maximum number of years of disability is not more than 3 years).

Ode to the Absence of Travel[Legal basis].Article 17 of the Full Text of the Judicial Interpretation on Compensation for Personal Injury.

The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

1. Medical expenses: calculated according to the medical expenses incurred in the personal injury caused to the patient by the medical accident;

2. Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for general staff of state organs in the place where the medical accident occurred;

3. Funeral expenses: calculated according to the funeral expenses subsidy standard stipulated by the place where the medical accident occurred;

4. Mental damage comfort banquet spine payment: calculated according to the average annual living expenses of residents in the place where the medical accident occurred.

Medical malpractice refers to an accident in which a medical institution and its medical staff cause obvious personal injury to a patient due to negligence. Medical malpractice is divided into four levels, and the parties may jointly entrust the medical association responsible for the technical appraisal of medical malpractice to organize the appraisal.

Medical malpractice compensation includes the patient's medical expenses, lost work expenses, hospital meal allowance, escort expenses, disability living allowance, disability equipment expenses, funeral expenses, dependents' living expenses, etc. The specific compensation cost is calculated according to the degree of personal injury caused by the patient and the size of the liability borne by the medical institution.

[Legal basis].

Regulations on the Handling of Medical Malpractice

Article 2. "Medical malpractice" as used in these Regulations refers to an accident in which a medical institution or its medical personnel negligently cause personal injury to a patient in violation of medical and health management laws, administrative laws, departmental rules, and norms and routines for diagnosis and treatment and nursing in the course of medical activities.