At present, the largest medical dispute in China is how much to lose

Beijing Yong'an Tang should bear full responsibility for the patient's uremia caused by the excessive use of traditional Chinese medicine Banxia, and the court required the defendant to pay the patient a total of 4.77 million yuan in follow-up medical expenses and nutrition expenses for 20 years.

On October 25, 2011, the patient Zhang Xi went to Beijing to go to the Wangfujing Traditional Chinese Medicine Clinic of the defendant Yong'antang Pharmaceutical Company** due to chest tightness and shortness of breath, and the physician Zhang Wei diagnosed him with "liver and blood deficiency, chest paralysis, and heart and kidney incompatibility", and issued a prescription for 7 days with legislation to reduce phlegm and turbidity, dissolve phlegm and open paralysis, submersible and calm the nerves, and nourish blood and moisturize the blood, and the prescription contained 40 grams of Banxia.

Seven days after Zhang Xi took the medicine, he went to Yong'an Hall for a second time to seek medical treatment, and said that the effect of the previous medicine was not obvious, and Dr. Zhang Wei diagnosed it as "qi deficiency and qi stagnation, chest tightness and shortness of breath, and aggravation when moving", and only prescribed a 3-day prescription for him, and specially recorded in the case: "If the effect is not obvious, go to the hospital for medical treatment in time". According to the civil judgment published online in China's judgment documents, the plaintiff Zhang Xi sued that he stopped taking the drug after his symptoms worsened.

On November 15, 2011, plaintiff Zhang Xi went to Beijing **** for medical treatment, and the results of three tests, including complete blood cell analysis, renal function, and heart, showed that the patient's creatinine was seriously excessive and hemoglobin was seriously low. Later, he was admitted to several hospitals, and was finally diagnosed with chronic glomerulonephritis and chronic renal failure (uremia stage).

Zhang Xi believes that Yong'an Tang did not fully inform the patient when he knew that the traditional Chinese medicine in the prescription was toxic, and overdosed the drug without conducting a kidney function test, which directly led to the patient's kidney damage and the adverse consequences of uremia. Subsequently, Zhang Xi sued Yong'an Tang in court, claiming a total of about 6.5 million yuan for medical expenses, lost work expenses, nutrition expenses, disability compensation, follow-up expenses, and mental damages.

The court of first instance entrusted the Beijing Boda Judicial Appraisal Institute to conduct an appraisal of whether the defendant was at fault for medical treatment of the plaintiff, whether there was a causal relationship between the medical fault and the plaintiff's damage consequences, and the conclusion of the appraisal was that the doctor's duty of care was inadequate, and there were certain defects and deficiencies. Among them, "Banxia" is a toxic traditional Chinese medicine, and the dosage is 40 grams, and its dosage exceeds the specified range, and the situation of kidney damage directly caused by the drug used is not sufficient according to the current research results and relevant data, and cannot be determined. However, the possibility of increasing the burden of renal damage cannot be ruled out, and certain defects should be considered.

Regarding the participation in the causal relationship between the medical behavior of the doctor and the consequences of Zhang Xi's damage, the appraisee Zhang Xi is currently diagnosed with "chronic kidney disease, uremia stage (kidney failure)".

On this basis, the court of first instance found that the defendant was fully responsible for the consequences of the plaintiff's uremia, and ordered the defendant Yong'an Tang to compensate the plaintiff Zhang Xi for medical expenses, lost work expenses, 20-year disability compensation and follow-up expenses of 3 million, and nutrition expenses of 730,000 yuan, totaling about 4.77 million yuan.

Traffic accidents depend on whose responsibility it is, and other people's violations will definitely compensate you, but disputes do not enjoy medical insurance, and hospitals ** hospitals ** improper disputes, of course, you can ask for compensation. Two doesn't matter.

The specific amount of compensation for medical disputes shall be compensated according to the negotiation between the two parties and the actual damages. General compensation for medical expenses, lost work expenses, nursing expenses, hospital meal allowances, nutrition expenses, transportation expenses, disability compensation, disability assistive device expenses, funeral expenses, living expenses for dependents, death compensation, mental injury solace, etc. 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.

If it is not a medical accident, the medical institution shall not be liable for compensation.

Regulations on the Handling of Medical Malpractice

Article 50. Medical malpractice compensation is calculated according to the following items and standards:

1) Medical expenses: Calculated according to the medical expenses incurred by 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 renew the case after the case is closed, it will 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.

5) Disability living allowance: According to the level of disability, calculated according to the average annual living expenses of residents in the place where the medical accident occurred, 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) Expenses for disability appliances: If it is necessary to allocate compensatory functional appliances due to disability, it shall be calculated according to the cost of universal appliances with the certificate of the medical institution.

7) Funeral expenses: calculated in accordance with the funeral expenses subsidy standard stipulated by the place where the medical accident occurred.

8) Living expenses of dependents: Calculated in accordance with the minimum subsistence security standards for residents of the place of household registration or residence of the deceased or disabled person who were actually supported and did not have the ability to work before the deceased was alive or before the disabled person lost the ability to work. 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) Transportation expenses: Calculated according to the actual necessary transportation expenses of the patient, paid by vouchers.

10) Accommodation expenses: Calculated according to the standard of accommodation subsidy for general staff of state organs in the place where the medical accident occurred, and paid with vouchers.

11) Solatium for mental damages: calculated on the basis of the average annual living expenses of residents in the place where the medical 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.

Summary. Hello, legal analysis: tens of thousands of general medical disputes:

If it does not exceed 60,000 yuan, there is no maximum amount of compensation for disability, and there is a maximum amount of compensation for death. If the death of the patient is caused, according to the medical malpractice compensation, the medical malpractice compensation for the death will not be higher than 60,000 yuan.

Hello, legal analysis: the general medical dispute compensation is tens of thousands: no more than 60,000, there is no maximum compensation for the disability of Lu Li, and there is the maximum compensation for the death.

If the death of the patient is caused, the medical accident compensation for the death will not be higher than 60,000 yuan according to the medical malpractice compensation group.

Legal basis: Article 50 of the Regulations on the Handling of Medical Accidents stipulates that there are 11 items of compensation for medical accidents, specifically: medical expenses, lost work expenses, hospital meal subsidies, escort expenses, disability living allowances, disability equipment expenses, funeral expenses, living expenses for dependents, transportation expenses, accommodation expenses, mental injury consolation funds, etc., and clearly stipulates the calculation standards and calculation methods for the above-mentioned compensation items.

The compensation standards for general medical disputes are as follows:

1. Medical expenses shall be determined according to the receipt vouchers for medical expenses and hospitalization fees issued by medical institutions, combined with relevant evidence such as illness and diagnosis certificates;

2. Lost work expenses;

3. Nursing expenses, hospital meal subsidies, and nutrition expenses;

4. Transportation expenses;

5. Disability compensation, disability assistive device fees, etc.

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:

The medical expenses incurred are calculated according to the personal injury caused by the medical malpractice to the patient**, and the voucher is paid, but the medical expenses for the original illness are not included.

If it is really necessary to continue after the case is closed, it shall be paid according to the basic medical expenses.

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, 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:

It is 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:

If a 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 at the place where the medical accident occurred.

5) Disability living allowance:

According to the level of disability, the maximum compensation is 30 years from the month of determination of disability, calculated according to the average annual living expenses of residents in the place where the medical accident occurred;

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) Disability Appliance Fee:

If it is necessary to allocate compensatory functional appliances due to disability, it shall be calculated according to the cost of the universal appliances on the basis of the certificate of the medical institution.

7) Funeral expenses:

It is calculated according to 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 standards for residents of the place of household registration or residence of the deceased or disabled person who were actually supported and did not have the ability to work before the deceased was alive or before the disabled person lost the ability to work.

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;

70 years old with Yuanchang epithelial mold, not more than 5 years.

9) Transportation Expenses:

Calculated according to the actual necessary transportation expenses of the patient, the voucher is paid.

10) Accommodation Fee:

It shall be calculated according to the standard of accommodation allowance for general staff of the state organ in the place where the medical accident occurred, and the voucher shall be paid.

11) Solatium for moral damages:

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