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In the classification of medical malpractice, it is divided into four levels, of which the first level includes the death of patients caused by medical malpractice. Level 4 is a relatively minor injury. Do you know which cases belong to level 4 medical accidents? Please follow Bian Xiao to learn more.
First, what is a four-level medical accident?
Four-level medical malpractice refers to other consequences that cause obvious personal injury to patients. For example, one of the following situations is caused to the patient:
1, bilateral mild incomplete facial paralysis, no dysfunction;
2. Mild pigmentation or depigmentation of the face;
3. One eyelid has obvious defect or eversion;
4. Remove healthy permanent teeth;
5, instruments or foreign bodies into the respiratory tract or digestive tract, need to be removed under the endoscope after general anesthesia;
6. Slight soft tissue injury around the mouth and face;
7, non-anatomical variation and other factors, when the maxillary posterior teeth are extracted, the root or foreign body enters the maxillary sinus and needs to be removed surgically;
8. Slight damage to tissues and organs, no dysfunction after repair;
9. One segment of the distal thumb 1, with 2 defects;
10 Except thumb and forefinger, the proximal interphalangeal joints of two fingers are nonfunctional;
1 1, missing a toe;
12, retention of foreign bodies in soft tissues;
13, the foreign body left in the body cavity has been wrapped, and there is no need for surgery to take it out, and there is no dysfunction;
14, local injection caused tissue necrosis, which was 2% larger than body surface area in adults and 5% larger than body surface area in children;
15, cesarean section leads to fetal injury;
16, postpartum placenta residue caused massive bleeding, and there were no other complications.
How to calculate the compensation for the second and fourth class medical accidents?
According to the relevant provisions of China's medical malpractice, after being identified as a four-level medical malpractice, the compensation fee for four-level medical malpractice can be calculated with reference to the following.
1. The calculation of lost time and accompanying expenses shall be based on the "average annual salary of employees in the previous year". That is, if the patient has a fixed income, it shall be calculated according to the fixed income reduced due to absenteeism. 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 the average annual salary of the employees in the place where the medical accident occurred. If the patient needs special escort during hospitalization, it shall be calculated according to the average annual salary of employees on the ground where the medical accident occurred.
2, the calculation of disability living allowance, mental damage compensation, with the "average annual living expenses of residents in the accident" as the reference system. That is, according to the level of disability 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, but for those over 60 years old, it does not exceed 15 and does not exceed 5 years. Compensation for mental damage is 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, and if the patient is disabled, the compensation period shall not exceed 3 years.
3, the calculation of the living expenses of the dependents (dependents), with the "minimum living standard for residents of their domicile or residence" as the reference system. That is to say, it is calculated according to the minimum living standard of residents in the place where the household registration is located or where they live, and it is limited to those who actually support the deceased before he loses his ability to work during his lifetime or after his disability. 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, and those over 70 years old shall not exceed 5 years.
Bian Xiao has already introduced a case of a four-level medical accident, hoping to give you some help. For four-level medical accidents, the compensation is definitely less. But for patients, this is also a very unfortunate thing. Of course, I still hope that there will be fewer medical accidents.
Extended reading:
How to compensate for four-level medical accidents
What is the calculation method of four-level medical accident compensation?
Is there spiritual consolation money for four-level medical accidents?