Medical malpractice compensation is calculated according to the following items and standards:
(1) Medical expenses: calculated according to the medical expenses incurred in treating personal injuries caused by medical accidents, and paid according to the evidence, but excluding the medical expenses of the primary disease. If it is really necessary to continue treatment after closing the case, it shall be paid according to the basic medical expenses.
(2) Lost time: if the patient has a fixed income, it shall be calculated according to the fixed income reduced due to absenteeism, and if the income exceeds three times the average annual salary of the employees in the place where the medical accident occurred, it shall be calculated according to three times; If there is no fixed income, it shall be calculated according to the average annual salary of employees on the ground where the medical accident occurred.
(3) Hospitalization food allowance: calculated according to the standard of food allowance for ordinary staff of state organs in the place where the medical accident occurred.
(4) Escort fee: If the patient needs special escort during hospitalization, it shall be calculated according to the annual average salary of employees on the ground where the medical accident occurred.
(6) Disability appliance fee: If it is necessary to configure compensation functional appliances due to disability, it shall be calculated according to the universal appliance fee with the certificate of medical institution.
(9) Transportation expenses: calculated according to the transportation expenses actually needed by patients, and paid by credentials.
(X) Accommodation fee: calculated according to the standard of accommodation allowance for general staff of state organs in the place where the medical accident occurred, and paid by credentials.
(11) Spiritual damages: calculated according to the average annual living expenses of residents in the place where the medical accident occurred. If the patient dies, the compensation period shall not exceed 6 years at the longest; Disabled, the compensation period shall not exceed 3 years.
The transportation expenses, lost time expenses and accommodation expenses required by the close relatives of patients who participate in the handling of medical accidents shall be calculated with reference to relevant regulations, and the number of people who calculate the expenses shall not exceed 2.
If a medical accident causes the death of a patient, the transportation expenses, lost time expenses and accommodation expenses required by the spouse and immediate family members of the patient participating in the funeral activities shall be calculated with reference to the relevant regulations, and the number of people who calculate the expenses shall not exceed 2.