1. What is the lawyer's charging standard in medical malpractice disputes?
(a) does not involve property relations, the benchmark fee is 5000 yuan -30000 yuan/piece, which can be reasonably increased.
(two) involving property relations, according to the amount of the subject matter of the dispute, according to the proportion of cumulative charges:
1, 65438+ 10,000 yuan (including 65438+ 10,000 yuan), the charging ratio is 8%- 10%, and less than 5,000 yuan is charged at 5,000 yuan/piece;
2, 65438+ ten thousand yuan to 500 thousand yuan (including 500 thousand yuan) is 7%-9%;
3, 500 thousand yuan to 6.5438+0 million yuan (including 6.5438+0 million yuan) is 6%-8%;
4, 1 10,000 yuan to 5 million yuan (including 5 million yuan) is 5%-7%;
5, 5 million yuan to 1 ten thousand yuan (including 1 ten thousand yuan) is 4%-6%;
6, 65438+ RMB 0 million to RMB 20 million (including RMB 20 million) is 3%-5%;
7, 20 million yuan to 50 million yuan (including 50 million yuan) is 2%-4%;
8. More than 50 million yuan is 1%-3%.
Second, the items and standards of medical accident compensation
1, medical expenses
Medical expenses incurred in the treatment of personal injury caused by medical accidents shall be calculated and paid on the basis of credentials, but excluding primary medical expenses. 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 cost
If the patient has a fixed income, it shall be calculated according to the fixed income reduced due to missed work, and if the income is more than 3 times the average annual salary of employees on the ground where the medical accident occurred, it shall be calculated according to 3 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.
3, hospital food subsidies
Calculated according to the standard of food allowance for general staff of state organs where the medical accident occurred.
4. Escort fee
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.
5. Disability living allowance
According to the level of disability, according to the average annual living expenses of residents in the place where the medical accident occurred, the longest compensation is 30 years from the month of disability. More than 60 years old, not more than 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 function equipment due to disability, it shall be calculated according to the cost of popular equipment with the certificate of medical institution.
7. Funeral expenses
Calculated according to the funeral expenses subsidy standard stipulated by the place where the medical accident occurred.
In judicial practice, the handling of medical accidents is generally a civil dispute, and the determination of related matters needs to be handled in strict accordance with the procedures prescribed by law. If the other party can't reach an agreement on compensation, it can hire a lawyer to prosecute related matters.