Hello, the answers to your question about the compensation standard for medical accidents are as follows: Part I: * * * * There are compensation items 1 and medical expenses (1). The medical expenses are determined according to the receipt documents such as medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence; (two) the amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance; (three) according to the medical certificate or expert conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred; (4) The compensation obligee can sue separately after obtaining the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses for organ function recovery training. 2. The lost time fee (1) is determined according to the lost time fee and income of the victim; (2) The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment; (3) If the victim continues to miss work due to injury and disability, the time of missing work can be calculated to the day before the date of disability; (4) If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income; (five) if the victim has no fixed income, it shall be calculated according to his average income in the last three years; (6) If the victim can't prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year. 3. Nursing fee (1) The nursing fee is determined according to the income of nursing staff, the number of nurses and the nursing period; (2) If the nursing staff has income, it shall be calculated with reference to the provisions on lost time; (3) If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level; (4) In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference; (5) The nursing period shall be calculated until the victim recovers the ability of self-care; (6) If the victim can't recover his self-care ability due to disability, he can determine a reasonable nursing period according to his age, health status and other factors, but the longest period is not more than twenty years; (7) The nursing level of the victim after disability should be determined according to the degree of nursing dependence and the preparation of disability AIDS. 4. Hospitalization food subsidies Hospitalization food subsidies can be determined with reference to the standard of food subsidies for general staff of local state organs. 5. The nutrition fee is determined according to the disability of the victim and the opinions of medical institutions. 6. Transportation expenses (1) Transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment; (2) The transportation expenses are based on official bills, and the relevant vouchers should be consistent with the place, time, times and frequency of medical treatment. 7. It is really necessary for the victims of accommodation and food expenses to go to other places for treatment. Due to objective reasons, he can't be hospitalized. A reasonable part of the accommodation expenses actually incurred by the victim himself and his entourage shall be compensated. 8. Dependent's living expenses (1) Dependent's living expenses are calculated according to the degree of dependent's loss of working ability and the per capita consumption expenditure of urban residents and rural residents in the last year where the appeal court is located; Medical accidents should be avoided as much as possible: (2) If the dependent is a minor, it is calculated as 18 years old; (3) Twenty years if the dependent has no ability to work and no other source of income; (4) For those over 60 years of age, the age will decrease by one year for each additional year; Those over 75 years old shall be counted as 5 years. 9. The amount of compensation for mental damage is determined according to the following factors: (1) the degree of fault of the infringer, unless otherwise stipulated by law; (2) The means, occasions and behaviors of infringement; (3) Consequences caused by the infringement; (4) profits of the infringer; (5) The economic ability of the infringer to take responsibility; (6) The average living standard of the court of appeal. Part II: Compensation for deceased patients 1. Funeral expenses Funeral expenses are calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located, and the total amount is six months. 2. Death compensation (1) Death compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and is calculated according to 20 years; (2) For those over 60 years old, the age will decrease by one year for each additional year; Seventy-five years of age or older, calculated by five years. 3. Other reasonable expenses such as transportation, accommodation and lost time for other victims' relatives to handle the funeral. Part III: Item 1 of disability compensation. Disability compensation (1) is calculated according to the degree or level of disability of the victim and the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and it is calculated for 20 years from the date of disability; (2) For those over 60 years old, the age will decrease by one year for each additional year; Seventy-five years of age or older, calculated by five years; (3) If the victim is disabled due to injury, but the actual income has not decreased, or the level of disability is light, but the occupational injury has seriously affected his employment, the disability compensation can be adjusted accordingly. 2. The cost of assistive devices for disability (1) is calculated according to the reasonable cost standard of common applicable devices; (2) If the injury has special needs, you can refer to the opinions of the auxiliary equipment configuration organization to determine the corresponding reasonable cost standard; (3) The replacement cycle and compensation period of auxiliary appliances shall be determined with reference to the opinions of the organization. 3. The expenses incurred by patients who survive beyond the compensation period shall be dealt with by comparing your symptoms with medical pictures. But if you have any questions, you must call the doctor. (1) If the fixed nursing period, the payment period of assistive devices or the payment period of disability compensation are exceeded, the people's court shall accept the claim that the compensation obligee files a lawsuit with the people's court to continue to pay the nursing fee, assistive devices or disability compensation; (2) If it is really necessary for the compensation obligee to continue nursing and preparing assistive devices, or if he has no ability to work and no source of income, the people's court shall order the compensation obligor to continue to pay the relevant expenses for five to ten years. 4. Other necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment shall also be compensated by the compensation obligor.
Legal objectivity:
Article 49 of the Regulations on the Handling of Medical Accidents shall consider the following factors in determining the specific amount of compensation: (1) the level of medical accidents; (two) the degree of responsibility of medical negligence in the consequences of medical accident damage; (three) the relationship between the consequences of medical accident damage and the patient's original disease status. If it is not a medical accident, the medical institution shall not be liable for compensation.