Lawyer fees for criminal prosecution in Linhai, Zhejiang Province

The first is the start of technical appraisal of medical malpractice. According to the regulations, the health administrative department shall organize the medical malpractice technical appraisal by the responsible medical association after receiving the report of major medical negligence of medical institutions or the statement that the parties to the medical malpractice dispute request to handle the medical malpractice dispute. Medical malpractice disputes need to be identified through consultation between doctors and patients, and both parties shall entrust a medical association to organize the identification. Appraisal materials include materials related to technical appraisal of medical accidents submitted by medical institutions, including original medical records of inpatients, discussion records of death cases, discussion records of difficult cases, consultation opinions, and patient rounds of superior doctors, etc. The original medical records of hospitalized patients, such as hospitalization records, temperature sheets, doctor's orders, laboratory tests (inspection reports), medical imaging data, special inspection consent, operation consent, operation and anesthesia records, pathological data, nursing records, etc.; Sealed infusion, articles for injection, blood, medicines and other physical objects, or inspection reports of inspection institutions with inspection qualifications according to law on these articles and physical objects; Other materials related to the technical appraisal of medical accidents. In addition, the medical records of outpatients and emergency patients with medical records are provided by medical institutions; No medical records, provided by the patient. 6 cases were exceptions and 6 cases were not medical accidents. For example, emergency medical measures taken to save the lives of critically ill patients in an emergency have caused adverse consequences; In medical activities, a medical accident occurs because of the patient's abnormal condition or the patient's special physique; Unforeseen or unforeseeable adverse consequences appear under the existing medical science conditions; No-fault blood transfusion infection causes adverse consequences; Delaying diagnosis and treatment due to patients, resulting in adverse consequences; Causing adverse consequences due to force majeure. According to the Regulations on Handling Medical Accidents, hospitals are not liable for compensation, but only belong to the scope of administrative handling. If the fault of the medical institution causes damage to the patient, according to the general principles of the civil law and relevant laws, it is still liable for compensation. That is to say, even if it is not a medical accident, if the hospital infringes on the patient, it is still liable for compensation. Scope and standard of compensation for medical accidents Shanghai publicized 40 medical accidents for the first time today (1) Medical expenses: calculated according to the medical expenses incurred in the treatment of personal injury caused by medical accidents, paid according to the facts, but excluding the 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: if the patient has a fixed income, it will be calculated according to the fixed income reduced by his absenteeism, and if the income exceeds three times the average annual salary of the employees in the place where the medical accident occurred, it will 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. (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. (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 cost of universal appliances with the certificate of medical institutions. (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 place of 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. (Article 50, Chapter 5 of the Regulations on Handling Medical Accidents)