(1) Consultation:
Consultation costs 200-500 yuan each. Once a lawyer accepts a formal entrustment, the consulting fee can be deducted from the corresponding lawyer's agency fee.
(2) Represent personal injury compensation, medical disputes and other civil and commercial cases;
2-5 of the amount of the subject matter involved. The minimum fee for domestic cases is 5,000 yuan; the minimum fee for foreign-related cases is 10,000 yuan.
(3) Acting for second-instance cases:
1. For cases not represented in the first instance, the agency fee will be charged according to the first-instance standard;
2. Already represented For cases of first instance, the agency fee is charged at 1/2 of the first instance standard;
3. For cases sent back for retrial after the second instance, the agency fee is charged at 1/2 of the second instance standard.
(4) Agency appeal cases:
1. When signing a lawyer service contract, an agency fee of 5,000-20,000 yuan will be charged first;
2. People When the court decides to retry the case, the agency fees will be charged according to the charging standards for the corresponding case of first instance.
(5) Lawyer’s letter:
1,000-3,000 yuan per item.
(6) Writing legal documents:
RMB 500-2,000 per item.
2. What is medical malpractice in criminal law?
Medical malpractice in the sense of criminal law is not completely equivalent to medical malpractice, because medical malpractice in the crime of medical malpractice in the criminal law needs to have "serious damaging consequences". According to the provisions of the criminal law, "serious consequences" in the crime of medical malpractice are "Damage consequences" refers to situations that cause the patient's death or seriously damage the patient's health.
The crime of medical malpractice is a crime of business negligence. Whether such statutory harmful results are achieved is the primary condition for conviction and sentencing of medical malpractice, and is also a criterion for distinguishing crimes from non-crimes. However, due to the lack of a scientific and unified understanding of the particularity of medical malpractice damage and the lack of clear judicial standards, there are large differences in the understanding of "serious damage consequences" in criminal law theory and judicial practice.
(1) Understanding of “causing the patient’s death”
Article 335 of my country’s Criminal Law stipulates that the crime of medical malpractice must “cause the patient’s death or seriously damage the patient’s health.” This is a medical malpractice crime. Restrictive conditions for accident crimes. "Cause the patient's death" is easy to understand. Nowadays it generally refers to the cessation of heartbeat, breathing, dilation of pupils and loss of light reflex.
(2) Understanding of “seriously damaging the patient’s health”
Since Article 335 of the Criminal Law does not make clear and specific provisions on “seriously damaging the patient’s health”, there is no corresponding judicial explanation, so there are multiple views in criminal law theory. For example, some scholars believe that "seriously harming the patient's health" generally refers to the result of minor injuries based on the standard of personal injury; others believe that "generally refers to the patient becoming disabled, causing damage to tissues and organs, leading to functional impairment, or certain diseases. If not discovered in time, it cannot be cured"; or "mainly refers to consequences such as disability, tissue and organ damage, loss of working ability, etc."; some people believe that "seriously damaging the health of medical personnel" only includes those caused by secondary medical accidents in the original "Measures" Damage does not include damage caused by third-level medical accidents, which should at least cause severe disability or severe physical dysfunction to medical personnel.
Article 4 of the General Provisions of the "Regulations" stipulates that medical accidents are divided into four levels according to the degree of personal damage caused to patients: First-level medical accidents: causing death or severe disability of the patient; Second-level medical accidents: due to Organ and tissue damage causes moderate disability and severe functional impairment in the patient; Level 3 medical accident: causes mild disability in the patient, and organ and tissue damage leads to general functional impairment; Level 4 medical accident: causes other consequences of obvious personal injury to the patient. The specific classification standards are formulated by the health administrative department of the State Council.
We believe that "seriously damaging the patient's physical health" should first comply with the provisions of Article 95 of the "Criminal Law" on serious injury, that is, "causing a person's physical disability or destroying a person's appearance; causing a person to lose his or her appearance." Hearing, vision or other organ function, or serious harm to personal health." On this basis, "serious harm to the patient's health" should be measured with reference to the "Regulations".
3. Medical malpractice litigation skills
(1) Distinguish the legal relationship between doctors and patients and choose a cause of action that is beneficial to the patient.
It is recommended not to file a lawsuit based on medical malpractice. A lawsuit should be filed for tort compensation for personal injury. Because, if a lawsuit is filed for medical malpractice, a medical malpractice appraisal will be conducted. Judging from the reasons analyzed above, it is obviously detrimental to patients and has a low success rate. If a lawsuit is filed on the grounds of personal injury compensation or tort dispute, according to regulations, a judicial appraisal, that is, a medical fault appraisal, can be entrusted. Forensic appraisal institutions can be entrusted to other provinces and cities, which provides greater procedural protection.
(2) Compensation for mental damage cannot be too high.
Because according to the judicial interpretation of mental damage compensation of the Supreme People's Court, there is no specific reference standard for mental damage compensation, but it generally does not exceed 100,000 yuan, and the regulations in different provinces are also different. If the claim for emotional distress is too high, the excess will be supported by different courts. The court did not support some of the claims, and the litigation costs were borne by the plaintiff, the patient. It is unrealistic to seek compensation for mental damages, and the only result will be to win the lawsuit and lose money.
(3) The amount claimed in the lawsuit should be objective and accurate.
Don’t leave out items or make arbitrary requests, such as medical bills. Generally speaking, medical expenses for treating the original disease are not reimbursed. The amount of compensation must have relevant evidence and reference basis, that is, each compensation must have calculation basis, bills or other relevant proofs. Otherwise the court cannot support it.
(4) Be careful not to file a lawsuit within the statute of limitations.
Because according to regulations, the statute of limitations for personal injury lawsuits is one year. The statute of limitations period is calculated from the date the damage is determined.
(5) After filing a lawsuit, promptly apply to the court for evidence preservation before serving the complaint to the defendant.
Request the court to seize medical records to prevent the defendant, as a medical institution, from tampering with medical records and making the litigation impossible or impossible. If you suspect that a medical institution has tampered with medical records, you can apply for a medical record authenticity appraisal. If it can be confirmed that the medical records have been tampered with, things will become simpler.
(6) Entrust a professional medical lawyer (medical lawyer), especially a lawyer with clinical work experience, that is, a lawyer who has been a doctor.