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. Lost time/day: 150 yuan
(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. Food allowance (escort) person/day: 30 yuan.
(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.
(5) Disability living allowance: according to the disability level and the average annual living expenses of residents in the place where the medical accident occurred, the maximum compensation is 30 years from the month of disability; However, those over 60 years old shall not exceed 15 years old; More than 70 years of age, not more than 5 years.
(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.
(7) Funeral expenses: calculated according to the subsidy standard of funeral expenses stipulated by the place where the medical accident occurred.
(8) Living expenses of dependents: limited to those actually supported by the deceased or disabled before they lose their ability to work, and calculated according to the minimum living standard of residents in their domicile or residence. 16 years old, raised to 16 years old. Those who have reached the age of 16 but have no ability to work will be supported for 20 years; However, those over 60 years old shall not exceed 15 years old; More than 70 years of age, not more than 5 years.
(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.
Salary calculation method (formula)
Medical expenses calculation formula: medical expenses compensation amount = medical expenses+medical expenses+hospitalization expenses+others.
Calculation formula of lost time: compensation amount of lost time = lost time income (RMB/month) × lost time.
(1) Compensation amount for lost time for fixed-income workers = labor income under normal circumstances-labor income after accidental injury.
(2) Compensation for lost time for people without fixed income = total income in the last three years ÷3 years ÷ 12 months × lost time. Or the average salary of employees in the same industry where the court of appeal is located in the previous year × lost time.
The calculation formula of nursing fee: the reward standard of nursing service at the same level in the place where the traffic accident occurred × the number of nursing days× the number of nurses.
Accommodation fee calculation formula: accommodation fee = accommodation fee standard of general staff of state organs × accommodation time.
Calculation formula of disability compensation:
Disability compensation = per capita disposable income of urban residents (per capita net income of rural residents) × disability coefficient × compensation period in the last year where the appeal court is located.
(1) Disability compensation for persons under the age of 60 = per capita disposable income of urban residents (per capita net income of rural residents) in the last year where the appealed court is located × disability coefficient× 20 years.
(2) Disability compensation for people aged 60-75 = per capita disposable income of urban residents (per capita net income of rural residents) in the last year where the appealed court is located ×× [20-(actual age -60)].
(3) Disability compensation for people over 75 years old = per capita disposable income of urban residents (per capita net income of rural residents) in the last year where the appealed court is located × disability coefficient× 5 years.
(4) Disability coefficient. If the injury is assessed as a first-class disability, full compensation will be made, that is,100%; Grade 2- 10, decreasing 10% in turn. For the calculation of the disability coefficient of multi-level disabled persons, refer to the method in Appendix B of Disability Assessment for Injured Persons in Road Traffic Accidents (GB 18667-2002).
The calculation formula of the compensation fee for the elderly children is:
(1)/kloc-living expenses of dependents under the age of 0/8 = per capita consumption expenditure of urban residents (per capita annual consumption expenditure of rural residents) ×( 18- actual age)
(2) 18-60-year-old dependents living expenses without working ability and other sources of income = per capita consumption expenditure of urban residents (per capita annual consumption expenditure of rural residents) ×20 years.
(3) Living expenses of dependents aged 60-75 who are unable to work and have no other source of income = per capita consumption expenditure of urban residents (per capita annual consumption expenditure in rural areas) ×[20- (actual age -60)] years.
(4) Living expenses of dependents over 75 who have no ability to work and no other source of income = per capita consumption expenditure of urban residents (per capita annual consumption expenditure of rural residents) ×5 years.
(5) When there are other dependents, the living expenses of the dependents borne by the compensation obligor = living expenses of the dependents ÷ number of dependents.
(6) When there are multiple dependents, the total annual compensation undertaken by the compensation obligor is less than or equal to the per capita consumption expenditure of urban residents (per capita consumption expenditure of rural residents).
Calculation formula of death compensation:
(1) Death compensation for people under 60 years old = per capita disposable income of urban residents in the previous year (per capita net income of rural residents) ×20 years.
(2) Compensation for death of persons aged 60-75 = per capita disposable income of urban residents (per capita net income of rural residents) ×[20- (actual age -60)].
(3) Compensation for death of persons over 75 years old = per capita disposable income of urban residents in the previous year (per capita net income of rural residents) ×5 years.