What does inpatient care mean?

The inpatient care fee is included in the inpatient fee and is not paid separately.

Living care expenses are expenses that cannot take care of oneself after being discharged from the hospital and need to be taken care of by others, and may have to be paid for a long time depending on the injury or illness.

Nursing expenses refer to the expenses incurred by people who need special care or are unable to take care of themselves, such as hospitalized patients, or who need to be cared for by others due to illness at home.

Depending on the duration of the nursing service, the nursing care fee can be divided into three categories:

1. It is the nursing fee paid by the victim who needs the help of others during the first period;

2. It is the nursing fee paid by the victim who needs the help of others during the period after the injury;

3. It is the nursing expenses incurred by the victim who has permanently lost the ability to take care of himself or herself due to disability and needs the long-term continuous help of others.

According to the different nursing staff, nursing expenses can also be divided into three categories:

1. It is the nursing cost of hiring personnel who specialize in nursing work;

2. It is the nursing fee for the care provided by the victim's relatives or spouse;

3. It is the nursing fee for the victim to hire other personnel for nursing. The amount of nursing care is determined by the income status of the nursing staff, the number of nursing personnel, the duration of nursing care, the level of nursing and other factors.

Article 8 of the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 8: Nursing fees are to be determined on the basis of the nursing staff's income status, the number of nursing personnel, and the duration of nursing care.

Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing. In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference.

The period of care shall be calculated until the victim regains the ability to take care of himself/herself. Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not more than 20 years.

The level of care for the victim after being determined to be disabled shall be based on the degree of dependence on care and the preparation of disability assistive devices.

Nursing expenses: The cost of needing care from another person.

Inpatient care expenses include: (1) the nursing expenses paid by the victim during the ** period, when he needs help from others; (2) the nursing expenses paid by the victim for the period after the injury; (3) Nursing expenses incurred by the victim who has permanently lost the ability to take care of himself or herself due to disability and needs long-term continuous help from others. According to the relevant laws and regulations of our country, if the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive device expenses, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Article 17 of the Judicial Interpretation on Compensation for Personal Injuries stipulates that if the victim suffers personal injury, the compensation obligor shall compensate for the various 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.

Where the victim is disabled due to injury, the necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of the ability to work due to the loss of work due to the bereavement, including disability compensation, disability assistive device expenses, and living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the actual occurrence of nursing care and continuation, shall also be compensated by the compensation obligor.

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 loss of work incurred by the victim's relatives in handling funeral matters.

The inpatient care expenses include: (1) the nursing expenses paid by the victim during the ** period, when he needs help from others; (2) It is the forehand care fee paid by the victim who needs the help of others during the period after the injury; 3. It is the nursing expenses incurred by the victim who has permanently lost the ability to take care of himself or herself due to disability and needs the long-term continuous help of others. According to the relevant laws and regulations of our country, if the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive device expenses, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Legal basis. Article 17 of the Full Text of the Judicial Interpretation on Compensation for Personal Injuries Where a victim suffers personal injury, the compensation obligor shall compensate for 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 necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive device expenses, and living expenses of dependents, as well as necessary loss expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation, shall also be compensated by the compensation obligor.

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.

Legal Analysis: Nursing expenses refer to the expenses incurred by people who need special care or are unable to take care of themselves, such as inpatients, or who need to be cared for by others due to the inconvenience of daily life due to illness at home.

Legal basis: Civil Code of the People's Republic of China

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer or prudent infringer who has escaped or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 1167:Where infringing acts endanger the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstacles, or eliminating dangers.

Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

Article 1175:Where the harm is caused by a third party, the third party shall bear tort liability.