How do medical malpractice lawyers charge? (1) Consultation: Consultation costs 200-500 yuan per case. After the lawyer accepts the formal entrustment, the consulting fee can be offset against the corresponding lawyer's fee. (2) Handling civil and commercial cases such as personal injury compensation and medical disputes: 2-5% of the amount involved. The minimum fee for domestic cases is 5,000 yuan; the minimum fee for foreign cases is 10,000 yuan. (3) Second-instance cases: 1. If you have not acted in a first-instance case, the agency fee will be charged according to the standard of the first-instance case; 2. If you have acted in the first-instance case, the agency fee will be charged at 1/2 of the standard in the first-instance case; 3. After acting in the second-instance case If the second-instance case is returned, the agency fee will be charged at 1/2 of the second-instance case standard. (4) Agency appeal cases: 1. When signing a lawyer contract, an agency fee of 5,000-20,000 yuan will be charged first; 2. After the People's Court rules for retrial, the agency fee will be charged according to the charging standards for the corresponding cases of first instance. (5) Lawyer’s letter: 1,000-3,000 yuan/piece. (6) Ghostwriting of legal documents: 500-2,000 yuan/piece.
2. How to apply for medical accident appraisal
1. Time for medical accident appraisal my country's "Regulations on Handling Medical Accidents" stipulates: Patients and their families know or should know about their health, life and Within one year from the date of damage, you can apply to the health administrative department or medical institution for medical accident dispute settlement. This provision is the same as the statute of limitations for medical malpractice disputes stipulated in my country's Litigation Law. The reason why the law stipulates this is to connect the medical malpractice identification and medical dispute litigation in time. Instead of disconnecting the time of identification and litigation, the health administrative department and the courts can be more efficient in handling medical disputes. Therefore, patients and their family members should make a timely decision whether to resolve the medical dispute through legal means as soon as it becomes clear that their personal rights and initiative have been violated. Otherwise, do not miss the opportunity to apply for appraisal due to time delays.
2. Application suggestions for medical malpractice appraisal If a medical dispute occurs, the patient and his family members and the medical institution shall negotiate with the entrusted medical association to conduct a medical malpractice appraisal. Both parties may *** and The local health administrative department handles the medical accident identification procedures. After arriving at the medical consortium, you need to fill in relevant forms, proof of identity documents of both parties, etc. If one party is unwilling or unable to go to the scene to handle the procedures, he or she can submit written materials indicating that he or she is willing to pass the medical accident appraisal and reach an agreement with the other party. This is a situation where both parties **** jointly apply for a medical malpractice appraisal.
3. Acceptance of Medical Accident Identification The health administrative department shall review the medical accident dispute within 10 days from the date of acceptance and make an acceptance decision. Those who meet the appraisal conditions will be accepted; those who do not meet the acceptance conditions will not be accepted, and the applicant shall be notified in writing to explain the reasons. If the health administrative department considers that a medical accident technical appraisal is necessary after accepting the application, it shall send the relevant materials to the medical association responsible for medical accident technical appraisal within 5 days from the date of making the acceptance decision, organize the appraisal and notify the applicant in writing. In other words, whether the application is accepted or not will first be reviewed, reviewed and forwarded to the Medical Association by the health administration department. In the process of handling medical malpractice disputes, if you need to hire a professional medical malpractice lawyer to help you, you must first understand how medical malpractice lawyers charge, and you must also know how to choose a lawyer to entrust you to handle related disputes. After all, not all lawyers are good at handling medical disputes, so you must be careful when choosing a lawyer.