Medical Malpractice Compensation Standards

The state has a standard for medical malpractice compensation, so you should check it on the "Gongbiao Network"! After all, this is a very comprehensive official standard**!

The compensation standards for medical malpractice are as follows:

1. Medical expenses. Calculate the medical expenses incurred according to the personal injury caused to the patient by the medical malpractice;

2. Lost time pay. If the patient has a fixed income, it shall be calculated according to the fixed income reduced by the patient due to lost work;

3. Hospitalization meal subsidy. Calculated according to the standard of food allowance for general staff of state organs in the place where the medical accident occurred;

4. Escort fee. Calculated according to the average annual wage of employees in the previous year at the site where the medical accident occurred;

5. Disability living allowance. According to the level of disability and other probation, it is calculated according to the average annual living expenses of residents in the place where the medical accident occurred;

6. There is no high fee for the disabled. Calculated according to the cost of the general ruler and the type of equipment;

7. Funeral expenses. Calculated in accordance with the funeral expense subsidy standard stipulated by the place where the medical accident occurred;

8. Living expenses of dependents. It is calculated in accordance with the minimum subsistence security standard for residents of their place of household registration or residence;

9. Transportation expenses. Calculated according to the actual necessary transportation expenses of the patient;

10. Accommodation fees. Calculated in accordance with the standard of accommodation subsidy for general staff of state organs in the place where the medical accident occurred;

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

Compensation standards for medical malpractice: (1) The medical expenses shall be calculated according to the medical expenses incurred in the personal injury caused to the patient by the medical accident and shall be paid with 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) If the patient has a fixed income for lost work, 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 year of the first return to the shed 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) The in-hospital meal subsidy shall be calculated in accordance with the business trip meal subsidy standard for the general staff of the state organ in the place where the medical accident occurred. (4) Escort expensesIf the patient needs to be accompanied by a special person during hospitalization, it shall be calculated according to the average annual salary of the employee in the previous year where the medical accident occurred.

5) The disability living allowance is calculated according to the level of disability and the average annual living expenses of the residents in the place where the medical accident occurred, and 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) If the disability appliance fee needs to be equipped with compensatory functional appliances due to disability, it shall be calculated according to the cost of the universal appliance with the certificate of the medical institution. (7) Funeral expenses shall be calculated in accordance with the funeral expenses subsidy standard stipulated by the place where the medical accident occurred.

8) The living expenses of the dependents shall be limited to the number of persons who were actually supported by the deceased before his or her death or before the disabled person lost the ability to work and who were unable to work, and shall be calculated in accordance with the minimum subsistence security standards for residents in the place of his household registration or residence. 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) The transportation expenses shall be calculated according to the actual necessary transportation expenses of the patient, and the voucher shall be paid. (10) The accommodation fee shall be calculated in accordance with the standard of accommodation subsidy for the general staff of the state organ in the place where the medical accident occurred, and shall be paid with vouchers. (11) Solatium for moral damages:

It is calculated according to the average annual living expenses of residents in the place where the medical banquet rock therapy 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.

The compensation standards for medical malpractice are as follows:

1. Medical expenses shall be calculated according to the medical expenses incurred in the personal injury caused by the medical accident to the head of the patient's chain, and shall be paid by vouchers.

2. If the patient has a fixed income, it shall be calculated according to the fixed income reduced by the patient due to lost work.

3. Calculation of other expenses.

[Legal basis].Article 50 of the Regulations on the Handling of Medical Accidents.

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. Bring the call.

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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Summary. Hello dear, it is a pleasure to serve you <>

Medical malpractice compensation standards, including medical expenses, etc. As follows: (1) medical expenses; (2) Lost time pay; (3) Subsidies for in-hospital meals; (4) Escort fees; (5) Disability living allowances; (6) Expenses for disability appliances; (7) funeral expenses; (8) Living expenses of dependents:

9) Transportation expenses: (10) Accommodation expenses: (11) Solatium for mental damages:

Medical Malpractice Compensation Standards

Hello dear, it is a pleasure to serve you <>

Medical malpractice compensation standards, including medical rough search fees, etc. As follows: (1) medical expenses; (2) Compensation for lost work; (3) Subsidies for in-hospital meals; (4) Escort fees; (5) Disability living allowances; (6) Expenses for disability appliances; (7) funeral expenses; (8) Living expenses of dependents:

Jiuyan Qingli) transportation expenses: (10) accommodation expenses: (11) solatium for mental damages:

Legal basis: Article 1221 of the Civil Code Where medical personnel fail to fulfill their diagnosis and treatment obligations corresponding to the medical level at that time in the course of diagnosis and treatment activities, causing damage to patients, the medical institution shall be liable for compensation. Article 1222:In any of the following circumstances, where a patient is harmed in the course of diagnosis and treatment, it is presumed that the medical establishment's mask is at fault

1) Violating laws, administrative regulations, rules, and other provisions related to diagnosis and treatment norms; (2) Concealing or refusing to provide medical records related to the dispute; (3) Loss, forgery, alteration, or illegal destruction of medical records.

Hello, how to calculate the amount of medical malpractice compensation? What are the compensation items and amounts?

It depends on the level of disability.

First-degree disability, the patient had a job before, 54 years old this year, old above, young below, open.

The old man is 70 years old, and the child is in college.

How is this compensation amount calculated?

About 550,000.

120 months for 10 years: 2551 yuan, 90% (one-time disability retirement pension) + 2551 yuan, 15 months (one-time medical subsidy for work-related injuries) + 120 months, 2551 yuan, 60% (one-time nursing staff salary) = 497445 yuan. The one-time disability pension is 497445 yuan + a one-time disability subsidy of 61,224 yuan = 558669 yuan.

Do you count this according to my region? It's still the whole country.

National.