Today's society malpractice It is very frequent, which leads to the tension between doctors and patients. If the patient will definitely ask the hospital for compensation in case of a medical accident, do you know how much the medical accident usually costs? Nomogram The answers are given below, so you can read and understand.
1、 How much is the compensation for medical accidents
1、 Medical expenses ; According to the medical accident caused to patients Personal injury What happened during the treatment medical expense It is calculated and paid according to the certificate, but does not include the medical expenses of the primary disease. If it is really necessary to continue treatment after the case is closed, it shall be paid according to the basic medical expenses.
2. Lost time cost ; If the patient has a fixed income, it shall be calculated according to the fixed income reduced due to missed work. The income is higher than the annual average of employees in the previous year where the medical accident occurred wages If it is more than 3 times, it shall be calculated as 3 times; If there is no fixed income, it shall be calculated according to the average annual wage of the staff and workers in the previous year where the medical accident occurred.
3. Hospitalized food allowance ; It shall be calculated according to the food allowance standard for business trip of general staff of the state organ where the medical accident occurred.
4. Nursing expenses; If a patient needs to be accompanied by a specially assigned person during hospitalization, it shall be calculated according to the average annual salary of the staff and workers in the previous year when the medical accident occurred.
5. Disability living allowance; according to Disability level , calculated according to the average annual living expenses of the residents in the place where the medical accident occurred, and the maximum compensation is 30 years from the month when the disability is determined; However, those over 60 years old shall not exceed 15 years; No more than 5 years for those over 70 years old.
6. Disability equipment cost; If compensation functional equipment is needed due to disability, it shall be calculated according to the cost of universal equipment with the certificate of the medical institution.
7、 Funeral expenses ; It shall be calculated according to the funeral allowance standard specified by the place where the medical accident occurred.
8. Was support Cost of living; With the dead or disabled Incapacity The minimum living security standard of residents in the place where their household registration or residence is located shall be calculated for those who actually support them before and have no ability to work. Those under the age of 16 shall be supported to the age of 16. Those who have reached the age of 16 but are unable to work shall be supported for 20 years; However, those over 60 years old shall not exceed 15 years; No more than 5 years for those over 70 years old.
9. Transportation expenses; It is calculated according to the actual necessary transportation expenses of the patient and paid according to the voucher.
10. Accommodation expenses ; It shall be calculated according to the standard of travel and accommodation allowance for general staff of the state organ in the place where the medical accident occurred, and paid according to the certificate.
11、 Mental damage Consolation money ; It is calculated according to the average annual living cost of residents in the place where the medical accident occurred. If the death of the patient is caused, the maximum compensation period shall not exceed 6 years; If the patient is disabled, the maximum compensation period shall not exceed 3 years.
Therefore, if a medical accident occurs, the hospital will compensate the patient according to the above items. The specific amount of compensation depends on the degree of personal injury of the patient.
2、 How to calculate the compensation for medical accidents
1. Medical expenses damages Amount=medical expenses incurred (excluding primary medical expenses)+expected medical expenses
2. Compensation amount for lost time=lost time × income standard (fixed income of patients reduced due to lost time)
3. Hospitalized food allowance=length of stay × travel food allowance standard for general staff of the state organ where the medical accident occurred
4. The amount of compensation for accompanying expenses=number of accompanying days × number of accompanying persons × average annual salary of employees in the previous year when the medical accident occurred
5、 permanent disability Living allowance compensation=disability level × average annual living expenses of residents in the place where the medical accident occurred × compensation period
6. Compensation amount for disability appliances=cost of universal appliances
7. Amount of compensation for funeral expenses=average monthly salary of employees in this city in the previous year × 6 months
8. Was raise Amount of compensation for living expenses=number of dependents × minimum living security standard of local residents × length of support
9. Amount of compensation for traffic expenses=sum of actually necessary amount of traffic expenses documents
10. The amount of compensation for accommodation expenses=the number of days of accommodation × the standard of travel accommodation allowance for general staff of the state organ in the place where the medical accident occurred
11. Mental damage Pension Compensation amount=average annual living expenses of residents in the place where the medical accident occurred × number of years (the longest death shall not exceed 6 years, and the longest disability shall not exceed 3 years)
The above is the brief introduction of the medical accident compensation. If a patient dies due to a medical accident, he or she should pay for the funeral expenses as well as the living expenses of the dependants. If you don't understand something, you can call the law website for professional advice lawyer Get answers.
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