The law stipulates whether a vegetative person can give up

No, you cannot. The patient's intention to give up** or insist on continuing** should be respected first, and the patient's right to decide comes first. Only when the patient is unable to express his or her intentions, such as permanent coma, vegetative state, brain death, etc., can the patient's family have the right to make a decision to give up**.

Legal implications for the protection of vegetative life.

According to relevant data, China adds at least 100,000 new "vegetative people" every year, and the number of new "vegetative people" in the world every year is as high as 530,000, which shows that the vegetative problem has become a social problem of serious concern at home and abroad.

First of all, it should be made clear that vegetative people are still biological beings, and unlike brain death, they are dying but still have the possibility of recovery.

Respect for the right to life.

Human life embodies the highest personality interests of human beings and has the supreme personality value. Life is the premise of other civil rights enjoyed by human beings, and is the material basis for natural persons to have civil rights. Compared with citizens' right to life, their political, economic, and cultural rights are all derived rights and are in a subordinate position.

The so-called life in law refers specifically to the life of a natural person, which distinguishes this special form of life from the life of other animals and plants, and gives special protection.

Now the state has not allowed euthanasia, so the law does not allow giving up a vegetative person

Legal Analysis: If the family agrees to sign a waiver of medical treatment, they will not bear legal responsibility.

Legal basis: Article 21 of the Civil Code of the People's Republic of China An adult who cannot recognize his or her own conduct is a person who lacks capacity for civil conduct, and his or her statutory **person ** shall carry out civil juristic acts. Where minors over the age of 8 are unable to recognize their own conduct, apply the provisions of the preceding paragraph.

This situation does not necessarily have to give up**, but there are a lot of vegetative people right now, because the family takes good care of them, so they will be conscious and will return to normal in the future.

I think you should choose to persevere, don't give up easily, it is very likely that a miracle will happen at the end.

I think whether the family should give up or not depends on the family's financial conditions. If the family's financial conditions are good, I don't think they should give up. If the financial conditions of the family members are average, I think they should choose to give up.

The standard of compensation for vegetative persons is the same as that for first-degree disability. They will be compensated for a lump sum disability benefit and disability allowance. The lump sum disability allowance is 27 months' salary of the employee himself/herself.

Disability allowance is paid on a monthly basis, the standard is 90% of the salary, after the injured employee reaches the retirement age and has gone through the retirement procedures, the disability allowance will be suspended, and the basic pension insurance treatment will be enjoyed in accordance with the relevant provisions of the state.

Legal analysisMedical expenses: Medical expenses are calculated based on the medical expenses incurred in the handling of personal injuries caused by medical malpractice, but do not include medical expenses. If you do need to continue** after your case is over, pay based on basic medical expenses.

Lost work expenses: If the patient's income exceeds three times the average annual wage of the employee at the place where the medical accident occurred, it shall be calculated according to the average annual wage of the employee at the place where the medical accident occurred; If there is no fixed income, it shall be calculated according to the average annual salary of the employee. and workers at the site of medical accidents.

Escort fee: disability equipment fee, if the disability requires the use of a compensation device, it will be calculated according to the certificate of the medical institution and the cost of the universal device. Funeral expenses are calculated in accordance with the funeral expense standards set by the place where the medical accident occurred.

The transportation expenses incurred during the transfer period by public transportation for patients with transportation expenses and relatives who need to be accompanied and cared for, special patients cannot take public transportation, and the transportation expenses for renting professional transportation vehicles shall be borne by the hospital that caused the medical accident; In the event of death, the hospital shall bear the reasonable transportation expenses of the two relatives of the patient who handled the accident. Compensation for Moral Damages: Moral Damages in Medical Malpractice are not compensated. With the promulgation of the Tort Law of the People's Republic of China and the Supreme People's Court's interpretation of several issues concerning the application of law in the trial of individual tort cases, medical malpractice may require compensation for moral damages.

In the process of dealing with medical malpractice. In order to ensure that medical malpractice victims receive appropriate **, it is also necessary to determine the level of medical malpractice in a timely manner in accordance with legal procedures to ensure that there will be no accidents in subsequent medical malpractice compensation and loss compensation. At the same time, the compensation standard for medical malpractice generally includes medical expenses, lost work expenses, and other expenses.

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 21: The people's courts shall specify in the legal documents the time and method of payment of fixed payments, as well as the standard for payment of each period. Where there is a change in the relevant statistical data during the enforcement period, the amount of the payment shall be adjusted accordingly in a timely manner. The fixed payment shall be paid according to the actual life period of the person entitled to compensation, and shall not be subject to the limitation of the compensation period in this interpretation.

The items of compensation for personal injuries of vegetative persons mainly include medical expenses, lost work expenses, hospital meal subsidies, escort expenses, disability living allowances, disability equipment expenses, living expenses of dependents, transportation expenses, accommodation expenses, and solatium for mental damages.

Extended information] 1. Identification criteria for vegetative people in car accidents.

1.Traffic accident compensation is usually calculated based on the results of the disability evaluation.

2.A vegetative person from a car accident is a few levels of disability.

Disability Assessment of Persons Injured in Road Traffic Accidents

Second, the state of the vegetative.

1.Extreme mental impairment (IQ below 20) or mental disorder, completely unable to take care of oneself in daily life.

2.Quadriplegia (muscle strength above three limbs below grade 3).

3.Paraplegia (muscle strength level 2 or less) with fecal and urinary incontinence.

From the above, it can be seen that a vegetative person caused by a car accident is usually a first-degree disability.

3. Compensation standards for first-class disability in traffic accidents.

1.Medical expenses. According to the hospital's necessary expenses for the party's traffic accident trauma, if it is really necessary to continue after the case is closed, it will be paid according to the necessary expenses.

2.Lost time pay. If the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to lost work, and if there is no fixed income, it shall be calculated according to the average income of the last three years or the per capita income of the same industry.

3.Hospitalization meal allowance. It is calculated according to the standard of food allowance for the staff of the state organ in the place where the traffic accident occurred.

4.Nursing fees. During the period of hospitalization of the injured nursing staff, if they have income, it shall be calculated in accordance with the provisions on lost work expenses, and if they have no income, it shall be calculated according to the average living expenses of the place where the traffic accident occurred.

5.Disability compensation. According to the level of disability, calculated according to the per capita disposable income of the place where the traffic accident occurred, the compensation shall be 20 years from the date of determination of disability, but if the person is over 60 years old, the age shall be reduced by one year for each additional year. Those over the age of 75 shall be counted as five years.

6.Disability Appliance Fee. If it is necessary to prepare a compensatory appliance due to disability, it shall be calculated according to the cost of the universal appliance with the certificate of the hospital.

7.Disability compensation. Per capita disposable income of urban residents in the previous year 20 years Disability coefficient (10% for level 10, 20% for level 9, and 10% increase in the percentage of each level of progress) According to the description, the state of a vegetative person is generally a level 1 disability coefficient of 100%.

8.Late ** fee.

9.Moral Injury Fee.

4. The standard of disability compensation.

1.Medical expenses are subject to invoices.

2.Hospitalization meal subsidy: 100 yuan for the number of days of hospitalization.

3.Nutrition fee: 500-1000 yuan (medical records indicate "strengthen nutrition" before compensation).

4. Follow-up fee: the cost of the second operation.

5.Inpatient care fee: 50-100 yuan (different for each court support) yuan days of hospitalization.

6.Long-term care fee: 4196 yuan 50% 12 (5 years, 10 years, 20 years, different court judgments).

7. Lost work pay: (my salary) 30 days (calculated to the day before you issue the appraisal result).

8.Disability Assistive Device Fee: Fitting as determined by the prosthetic company** 20 years.

9.Transportation fee: 500-2000 yuan.

10.Disability compensation.

Summary. For hopeless diseases, it is not illegal for the family to give up, but in the matter of the family giving up, you need to sign a relevant agreement with the hospital and then discharge, and the family should also help maintain the patient's life after discharge.

Hello, the platform cooperation lawyer is at your service!

Hello, are you a dependent?

Hello. Hello, what is your relationship with this vegetative person?

My aunt is now in the ICU of the hospital, and now she will die if she doesn't have a craniotomy, but if she does it, she will become a vegetative person.

The premise of the waiver or consent to waiver** is that the patient Liang Doosong cannot make a valid expression of intention, such as the patient is a minor, mentally ill, vegetative, brain-dead or permanently comatose.

I haven't had surgery yet, but I'm going to be vegetative after surgery.

Do you still have the ability to express yourself meaningfully?

No, for **hopeless diseases, it is not illegal for family members to give up**, but in the family to give up**, you need to sign a relevant agreement with the hospital and then discharge, after the discharge orange age family should also help maintain the patient's life, in fact, there are many diseases in the tour are very difficult, or even just a waste of money, and can not be the disease**, for this round grinding of some diseases, the family can give up**.

The waiver of ** consent should be signed by the patient's immediate family members, such as the blind parents of the person suffering from the god or the patient's children, etc., if there is no immediate family member, it can be signed by the ** person.

If you give up, you'll die right away, but if you do, there's at least a chance.

If you give up, you'll die right away, but if you do, there's at least a chance.