1, for cases not involving property relations, 5,000 yuan/piece, with a maximum downward fluctuation of 30%.
2, cases involving property relations, according to the proportion of litigation object, cumulative billing:
(1) 1 10,000 yuan (including 1 10,000 yuan), the charging standard is 5%, and each item with a charge of less than 2,000 yuan is charged at 2,000 yuan;
(2) 4% of 6,543,800 yuan to 500,000 yuan (including 500,000 yuan);
(3) 500,000 yuan to 6,543,800 yuan (including 6,543,800 yuan) is 3%;
(4) 2% of 6,543,800 yuan to 5 million yuan (including 5 million yuan);
(5) For the part of 5 million to 6,543.8+million yuan (including 6,543.8+million yuan), the charging ratio is 654.38+0%;
(6) If the proportion of some expenses exceeds 6,543,800 yuan, and the case involves both property relations and non-property relations, it shall be calculated according to the higher expenses.
4. When handling major, difficult and time-consuming medical dispute cases, the law firm can negotiate with the client to determine the specific charging standard within the range of 3-5 times the charging standard of ordinary cases.
Second, what are the procedures for determining the responsibility of medical accidents?
(a) both doctors and patients are entrusted to identify.
If there is a medical dispute between doctors and patients during the treatment and an agreement is reached through consultation, whether it constitutes a medical accident, what level of medical accident it constitutes, and the amount of compensation for medical accident will be determined through medical accident identification. If a medical dispute is resolved through medical malpractice identification, both parties to the medical dispute may entrust the local medical association to organize medical malpractice identification.
The medical accident appraisal organization shall be responsible for the health administrative organ in the place where the medical dispute occurs. The medical association under the health administrative agency has a special medical association, which is responsible for the technical appraisal of medical accidents.
(two) the administrative department of health organization identification.
After the local health administrative organ receives the report of major medical negligence of the medical institution, or the parties to the medical malpractice dispute request to handle the application of the medical malpractice dispute, if the health administrative organ thinks it necessary to carry out the medical malpractice technical appraisal, it shall submit it to the medical association responsible for the medical malpractice technical appraisal.
The local health administrative institution starts the medical accident appraisal procedure, and the competent medical and health administrative institution receives the report from the lower medical institution and organizes the appraisal; Or patients and their families unilaterally request the health administrative department to organize medical accident appraisal, which can be started with permission.
(3) The court requires the appraisal.
If medical institutions, patients and their families do not apply for medical malpractice identification in medical dispute litigation, and the presiding judge thinks it is necessary to make an accident dispute, then the judge may also request medical malpractice identification and start the medical malpractice identification procedure.
The lawyer's fee for prosecuting medical malpractice is about 5000 yuan. There are three procedures for medical malpractice liability appraisal, namely, appraisal entrusted by both doctors and patients, appraisal organized by health administrative organs and appraisal requested by the court. In the process of handling medical disputes, if medical institutions and patients do not apply for medical malpractice identification, the presiding judge may apply on his own according to the circumstances of the case.
3. Should the lawyer's litigation fee be paid first or at the end of the case?
1. Lawyers charge first: general agent.
In the legal profession, it is common to pay legal fees first. Lawyers pay in advance in litigation, which is also called general agency. When signing an entrustment agreement with a lawyer, the general parties need to pay the fee first. However, it should be noted that if the fees charged by lawyers for representing cases are in stages, the fees charged by first instance, second instance and execution are different; If it is all-inclusive in these stages, the price will be different. All these require consultation and communication between the parties and lawyers.
2. Lawyers charge a part of fees first: semi-risk agency.
Although the service is paid first in principle, in some cases, the parties may have financial difficulties or other circumstances, and they can negotiate with the law firm or lawyer to pay part first, and then pay the rest after the implementation is in place.
3. Attorney's fee after closing the case: risk agent.
Risk agency, as its name implies, is a charging model for lawyers and clients to bear certain risks. This kind of risk agent will charge a higher fee, which can be regarded as a commission for winning the case, and it will not be collected if it loses the case. Of course, it should not be too high. Under normal circumstances, the maximum charge amount shall not be higher than 30% of the target amount agreed in the charge contract. It should be noted that the law stipulates the types of cases in which lawyers represent risks, and some types of cases are not allowed to represent risks, such as marriage, work-related injuries and criminal cases.
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