Relevant laws and regulations:
Article 92 of the Drug Administration Law: Pharmaceutical producing enterprises, trading enterprises and medical institutions shall be liable for compensation according to law.
Article 59 of the Tort Liability Law: If there are defects in drugs, disinfectants and medical devices, or the patient is damaged by unqualified blood, the patient may request compensation from the producer, blood provider or medical institution.
Problems in Inoculation-Hospital Compensation
Children are vaccinated, and the operation of hospitals/community health/epidemic prevention stations is not standardized, or the operation is wrong, which brings harm to children. Belonging to the category of medical disputes, medical institutions should bear the responsibility.
Relevant laws and regulations:
The Regulations on the Administration of Vaccine Circulation and Vaccination stipulates that if the vaccination unit violates the vaccination work norms, immunization procedures, immunization use guidelines and vaccination programs, it shall be handled in accordance with the relevant provisions of the Regulations on the Handling of Medical Accidents.
How to compensate?
Compensation expenses include: medical expenses, nursing expenses, transportation expenses, meals, nutrition expenses, funeral expenses, compensation for mental damage, living allowance, disability compensation, death compensation ... about a dozen expenses.
Medical expenses, nursing expenses, transportation expenses, meals, nutrition expenses and funeral expenses: compensation shall be given according to the reasonable expenses actually incurred by the victim.
Compensation for mental damage: there is no certain standard. According to the actual situation, the amount finally decided by the court shall prevail.
Disability compensation: different levels of disability should pay different amounts of compensation. The level of disability is 1- 10.
Death compensation: the specific compensation amount corresponding to the urban or rural per capita income standard.
Relevant laws and regulations:
Article 16 of Tort Liability Law: If personal injury is caused by infringement on others, reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses and transportation expenses, and income reduced due to absenteeism shall be compensated. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.
Article 22 of Tort Liability Law: If the personal rights and interests of others are infringed and serious mental damage is caused to others, the infringed person may request compensation for mental damage.