The expenses for a medical lawsuit include: 1. Fees charged by the court (paid in advance by the prosecution and actually borne by the losing party): 1, case acceptance fee; 2. Appraisal fees, announcement fees, evaluation fees and expert fees incurred in the course of litigation; (In most cases, this kind of expense did not actually happen); Second, the cost of hiring a lawyer: the lawyer's fee is usually charged by the parties and the law firm through consultation according to the size of the subject matter of the case and the difficulty of the case; The lawyer's fee shall be borne by the party who hired the lawyer. Only under certain special circumstances, the losing party shall bear a certain percentage of the lawyer's fee of the winning party. 3. Miscellaneous expenses such as business inquiries, transportation, communication, accommodation and photocopying. It will definitely happen in the process of handling cases; If a lawyer is hired, the expenses incurred by the lawyer in handling the case can be reimbursed by the bill or agreed with the parties in advance. Related reading: the choice of the court of jurisdiction over medical disputes. To sue a hospital, we must first determine which court to sue, that is, the court's jurisdiction. Generally speaking, medical disputes are brought in the grass-roots courts at the county level. Unless the object of litigation is deliberately raised to tens of millions, it is possible to file a case in an intermediate court, but it is not worth the loss, because the court can't judge that much, and the parties have to pay a lot of legal fees.
How to calculate the litigation cost of medical disputes: 1. Rules for charging litigation fees In the process of filing a lawsuit, according to the provisions of China's procedural law, the plaintiff should pay the litigation fees in advance. According to the provisions of China's procedural law, the legal fees shall be borne by the losing party. Therefore, the plaintiff paid the legal fees in advance. After the judgment is made, the court will distinguish the responsibility, share the proportion of legal fees, and then determine the legal fees. For the plaintiff, it is actually the process of "more refund and less compensation". If the case is won, the legal fees will be refunded; If you lose the case completely, you will no longer pay; Part of the responsibility shall be shared by the plaintiff and the defendant according to the "proportion of responsibility". Second, the calculation standard of legal fees In order to facilitate the litigation of the parties and reduce the litigation cost, China has re-promulgated the Measures for the Payment of Legal Fees. According to the compensation amount or price requested by the lawsuit, medical dispute cases shall be paid in the following proportion: 1. If it does not exceed 1000 yuan, each piece shall be paid to 50 yuan; 2. The part exceeding 1 10,000 yuan to 1 10,000 yuan shall be paid by 2.5%; 3. The part exceeding 6,543,800 yuan to 200,000 yuan shall be paid by 2%; 4. For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%; 5. The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid according to 654.38+0%; 6. The part exceeding 6,543,800 yuan to 2 million yuan shall be paid by 0.9%; 7 more than 2 million yuan to 5 million yuan, according to 0.8% to pay; Third, the fast calculation table of legal fees Because the payment of legal fees is based on the amount of compensation proposed by the parties, as a patient who has no contact with the law and his family, it is not convenient to calculate. So, give you a quick calculation table: 1. Not exceeding 1 0,000 yuan: 50 yuan 2. 1 0,000 yuan or more to 1 0,000 yuan: the amount of the subject matter of litigation ×2.5%-200 yuan 3. 1 0,000 yuan to 200,000 yuan: the amount of the subject matter of litigation × 2%. 0300 yuan 5. More than 500,000 yuan to 6,543.8+0,000 yuan: the amount of litigation object × 654.38+0%+3,800 yuan 6. More than 6,543,800 yuan to 2,000,000 yuan: the amount of the subject matter of litigation × 0.9%+4,800 yuan 7. More than 2 million yuan and less than 5 million yuan: the object of litigation.
Generally speaking, medical disputes are mostly under the jurisdiction of the court where the medical institution is located, which is legal jurisdiction, and the parties cannot choose, and the relationship between the local court and the medical institution is taboo for most patients. However, many medical institutions, especially those across provinces and cities, should pay attention to the choice of court jurisdiction. To exaggerate, sometimes the choice of court jurisdiction determines the success or failure of a case. In medical dispute litigation, the expenses involved may include legal fees, attorney's fees and other miscellaneous expenses, but not all these three expenses will definitely occur. It depends on the actual situation. For example, some litigants don't want to hire a lawyer, so there is no lawyer's fee.
Legal basis:
Article 13 of the Measures for the Payment of Litigation Fees shall be paid according to the following standards: (1) Property cases shall be paid by installments according to the amount or price requested by litigation: 65,438+0. If the amount does not exceed 1 1,000 yuan, each piece shall be paid to 50 yuan; 2. The part exceeding 1 10,000 yuan to 1 10,000 yuan shall be paid by 2.5%; 3. The part exceeding 6,543,800 yuan to 200,000 yuan shall be paid by 2%; 4. For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%; 5. The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid according to 654.38+0%; 6. The part exceeding 6,543,800 yuan to 2 million yuan shall be paid by 0.9%; 7 more than 2 million yuan to 5 million yuan, according to 0.8% to pay; 8. The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.7%; 9. The part exceeding 6,543,800 yuan to 20 million yuan shall be paid by 0.6%; 10. For the part exceeding 20 million yuan, 0.5% shall be paid. (2) Non-property cases shall be paid according to the following standards: 1. Each divorce case ranges from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%. 2. 500 yuan shall pay 100 yuan for each case that infringes on the right to name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%. 3. Pay 50 yuan to 100 yuan for each non-property case of the other party. (3) In intellectual property civil cases, if there is no dispute about the amount or price, each piece shall be paid from 500 yuan to 1 1,000 yuan; The disputed amount or price shall be paid according to the standard of property cases. (4) Payment for each labor dispute case 10 yuan. (5) Administrative cases shall be paid according to the following standards: 1. Pay 100 yuan for each trademark, patent and maritime administrative case; 2. Every 50 yuan in other administrative cases. (6) If the parties raise objections to the jurisdiction of the case, and the objections are not established, they shall pay 50 yuan to 100 yuan for each piece. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, formulate specific payment standards within the scope specified in items (2), (3) and (6) of this article.