Up and down fluctuation range: 20%
But the cost is less than 2000 yuan, according to 2000 yuan.
(two) involving property relations, the disputed subject matter shall be levied at the following rates:
1 and the subject matter below 65438+ 10,000 yuan
The lawyer's fee is 5000 yuan in advance. After the case is won, the lawyer's fees, appraisal fees and early lawyer's fees that the parties should bear in proportion shall be deducted according to the subject matter after the case is won or after mediation, and then 15% shall be extracted as the lawyer's winning commission. If the total amount of the judgment target is less than 6,543,800 yuan, Party B will not receive the winning commission (if the case is settled through mediation or reconciliation, the winning commission will still be charged at the rate of 654.38+0.5%).
2, 65438+ 10,000-500,000 yuan target
In the early stage, it is calculated according to the lawyer's fee standard issued by the state. For example, the lawyer's fee of 6,543,800 yuan+10,000 yuan is 6-8,000 yuan. For the bid of 200,000 yuan, the attorney fee is11000-14000.
After winning the case, the legal fees, appraisal fees and attorney fees that should be borne by the parties in proportion shall be deducted according to the subject matter after winning the case or after mediation, and 15% shall be taken as the lawyer's winning commission. If the total bid amount is less than 50,000 yuan, Party B will not receive the winning commission (if the case is settled through mediation or reconciliation, it will still receive the winning commission at the rate of 15%).
3. More than 500,000 yuan
The lawyer's fee is 20,000 yuan in advance.
After winning the case, the legal fees, appraisal fees and attorney fees that should be borne by the parties in proportion shall be deducted according to the subject matter after winning the case or after mediation, and 15% shall be taken as the lawyer's winning commission. If the total bid amount is less than 200,000 yuan, Party B will not receive the winning commission (if the case is settled through mediation or reconciliation, it will still receive the winning commission at the rate of 15%).
What is a medical dispute?
A medical dispute refers to a situation in which one party (or parties) thinks that the other party (or parties) is negligent in providing medical services or performing legal and agreed obligations, resulting in actual damage consequences, and should bear the liability for breach of contract or infringement, but the two parties (or parties) have different understandings of the disputed facts, argue with each other and hold their own opinions.
Medical disputes in a broad sense include civil disputes (civil compensation, etc. ), administrative disputes (administrative penalties, etc. ) and criminal responsibility (crime of medical accident, etc. ) between doctors and patients.
Medical dispute handling process
(A) the beginning of medical disputes
1, the parties (medical personnel) who have medical disputes are responsible for writing out the facts, and at the same time, do a good job in communication, explanation and answering the patients or their families.
2, the director of the department in dispute is responsible for organizing undergraduate medical staff to discuss and summarize medical disputes, learn from them, correct deficiencies, and formulate relevant systems to prevent similar disputes. The director of the department is responsible for writing the discussion opinions of disputes, reporting them to the medical department, and making corresponding explanations to patients or their families to properly solve medical disputes. If it is a medical dispute with medical responsibility, it can be solved by the department itself and reported to the medical department for the record.
3, by the director and the responsible person to explain, mediation invalid medical disputes should be reported to the medical department as soon as possible, at the same time report the written materials about the dispute.
(2) In-hospital medical technology seminar
1. Any medical dispute that cannot be explained or mediated by the department shall be reported to the medical department in time. After receiving the report, the medical department should conduct corresponding investigation, understanding and communication, and then organize the director of the department, the parties and the patients or their families to mediate. If mediation is not possible, the Medical Department shall report to the Hospital Medical Safety Committee for approval and hold a technical seminar on medical disputes in the hospital.
2, by the hospital medical safety committee is responsible for, the medical department collective organization and implementation of related medical disputes technical discussion.
3, technical seminar host announced medical technology discussion procedures and meeting discipline.
4, department director, the parties must attend the hospital medical technology seminar on time, at the meeting, the parties should be serious and responsible for the statement of diagnosis and treatment, department director should be fair and scientific statement in the discussion.
5. Expert discussion.
6. Written materials shall be repeatedly discussed and demonstrated by the Medical Safety Committee and experts who participate in the discussion, and the discussion conclusion shall be submitted to the patient and the department director within 30 days after the meeting.
7. When patients and department heads in our hospital disagree with the conclusion of medical technology discussion, they can exercise their rights to apply for medical accident technical appraisal or bring a lawsuit to the people's court.
(three) the medical accident appraisal meeting organized by the Municipal Medical Association.
1, the medical dispute director and the parties concerned must submit the medical accident appraisal materials within one week and hand them over to the medical department on time. Submitted by the medical department to the medical association to cooperate with the medical association in organizing the appraisal work.
2, according to the appraisal conclusion, consult with patients.
3. If negotiation fails, patients and their families can bring a lawsuit to the court.
(4) court proceedings
1. The medical department prepares relevant materials and submits them to the court, and employs full-time lawyers to prepare statements and defenses. The full-time staff and department directors of the medical department in dispute appear in court.
2, according to the court trial results.
3. If the hospital bears corresponding responsibilities, the hospital will deal with the responsible person according to the relevant system.
4, the hospital to formulate relevant corrective measures to prevent similar incidents.
Accountability system of medical disputes
(a), the medical dispute accountability system is the core system to implement medical quality and medical safety, is a good way to solve medical disputes and medical accidents, especially to further prevent the occurrence of medical accidents.
(2) Medical disputes in which medical personnel are at fault refer to disputes in which medical institutions and their medical personnel violate medical and health laws, administrative regulations, departmental rules, norms and practices of diagnosis, treatment and nursing, and their negligence causes personal injury to patients.
(3) Medical errors refer to the adverse consequences caused by medical personnel's dereliction of duty or technical negligence in diagnosis and treatment activities, but have not yet caused death, disability or tissue and organ damage leading to dysfunction. Divided into serious errors and general errors.
(1) Serious medical error refers to the dereliction of duty or technical fault of medical staff, which causes certain pain to patients and prolongs the treatment time.
(2) General medical errors refer to the fact that although medical personnel have dereliction of duty or technical negligence, they have not caused pain to patients.
(4) The person who is directly (mainly) responsible for medical disputes and medical errors in which medical personnel are at fault refers to the person whose behavior is directly related to the adverse results of patients and plays a decisive role in the adverse results. Medical disputes and medical errors caused by complex reasons or multi-link factors should be identified according to the role played by the relevant personnel in the process of causing adverse results.
Legal basis:
Measures for the administration of lawyer's fee service
Article 9
The fees for lawyer services with market-regulated prices shall be determined by the law firm through consultation with the clients.
The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.
Article 10
According to different service contents, lawyers' service fees can be charged on a case-by-case basis, in proportion to the bid amount and by time.
Piece rate is generally applicable to legal affairs that do not involve property relations;
Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations;
Time charge is applicable to all legal affairs.