Calculation method of medical accidents in Dazu District
1、 Publicized data of Dazu District Statistics Bureau:
1. The per capita disposable income of the city's residents in the previous year was 35666 yuan;
2. The per capita disposable income of urban households in the previous year was 45509 yuan;
3. The per capita disposable income of rural households in the previous year was 19313 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 30574 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 16727 yuan;
6. Average wages of employees in all industries and industries in the previous year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery: 73140 yuan
(2) Mining industry 96743 yuan
(3) Manufacturing industry 89966 yuan
(4) 110863 yuan for power, heat, gas and water production and supply
(5) Construction industry 67918 yuan
(6) Wholesale and retail business 87988 yuan
(7) 97665 yuan for transportation, warehousing and postal services
(8) 48566 yuan for accommodation and catering
(9) Information transmission, software and information technology service industry 155067 yuan
(10) Financial industry 129860 yuan
(11) Real estate industry 87315 yuan
(12) 66893 yuan for leasing and business services
(13) Scientific research and technical service industry 149205 yuan
(14) 86319 yuan for water conservancy, environment and public facilities management
(15) 65841 yuan for resident service, repair and other service industries
(16) Education 127699 yuan
(17) Health and social work 143140 yuan
(18) 93912 yuan for culture, sports and entertainment
(19) Public management, social security and social organizations 121249 yuan
2、 Calculation method of compensation for medical accidents in Dazu District:
1. Medical expenses
Medical expenses=medical expenses incurred (excluding primary medical expenses)+expected medical expenses
2. Lost time cost
Determined according to the income of the victim and the time lost
(1) The victim has a fixed income
Lost time cost=actual reduced income due to lost time
(2) If the victim does not have a fixed income, he or she does not provide sufficient evidence to prove that he or she has a fixed income source or that he or she is engaged in the industry
Lost time cost=100 yuan/day × lost time days
3. Nursing expenses
(1) During hospitalization
Nursing fee=120 yuan/day × nursing days. In principle, there should be no more than one nurse
(3) Follow up care costs
Nursing cost=120 yuan/day × nursing dependency coefficient × nursing years × number of nurses (no more than 1 person in principle)
For complete nursing dependence, the coefficient is 100%; For most nursing dependent patients, the coefficient is calculated as 80%; For partial nursing dependence, the coefficient is calculated as 50%
4. Transportation expenses
(1) The victim goes to hospital by plane, train or other means of transportation with real name system
The transportation fees shall be settled according to the real name bills
(2) The victim took other means of transportation for medical treatment
In principle, it shall be decided by the people's court according to the specific situation between 300 yuan and 1000 yuan
5. Hospitalized food allowance
Hospitalized food allowance=60 (yuan/day) × length of stay
6. Nutrition expenses
According to the situation of the victim, with reference to the opinions of the medical institution receiving treatment, the people's court shall decide in principle within 300 yuan to 2000 yuan
7. Accommodation expenses
If it is really necessary to go to other places for treatment, and cannot be hospitalized due to objective reasons, the actual accommodation expenses incurred shall, in principle, be determined by the people's court within 300 yuan to 1000 yuan according to the specific situation of the victim
8. Rehabilitation expenses
Determined according to the opinions of medical institutions or judicial expertise institutions
9. Follow up treatment fee
Determined according to the opinions of medical institutions or judicial expertise institutions
10. Disability compensation
(1) The victim is under 60 years old
Resident disability compensation=per capita disposable income of urban residents in the previous year where the court is located × 20 years × disability coefficient
(2) The victim is between 60 and 75 years old
Resident disability compensation=per capita disposable income of urban residents in the last year where the court is located × (80 age) × disability coefficient
(3) The victim is over 75 years old
Resident disability compensation=per capita disposable income of urban residents in the previous year where the court is located × 5 years × disability coefficient
11. Disability aids
Calculated according to the reasonable cost standard of common and applicable appliances; If the injury has special needs, the corresponding reasonable cost standard can be determined with reference to the opinions of the auxiliary appliance preparation organization. The replacement cycle and maintenance cost of auxiliary appliances shall be determined according to the opinions of the preparation organization
12. Funeral expenses
Amount of compensation for funeral expenses=average monthly wage standard of employees in the previous year at the location of the court of appeal × 6 months
13. Funeral expenses
(1) Transportation expenses for funeral expenses
In principle, the transportation expenses for the funeral expenses of the victims' relatives shall be determined by the people's court within 500 yuan to 3000 yuan according to the specific circumstances
(2) Accommodation expenses for funeral expenses
In principle, the accommodation expenses for the funeral expenses of the victims' relatives shall be determined by the people's court within 500 yuan to 2000 yuan according to the specific circumstances
(3) Lost time loss of funeral expenses
In principle, the loss of the victim's relatives due to missed work shall be calculated according to the standard of 100 yuan/day
14. Death compensation
(1) The victim is under 60 years old
Compensation for death of residents=per capita disposable income of urban residents in the previous year where the court is located × 20 years
(2) The victim is between 60 and 75 years old
Compensation for death of residents=per capita disposable income of urban residents in the last year where the court is located × (80 age)
(3) The victim is over 75 years old
Compensation for death of residents=per capita disposable income of urban residents in the previous year where the court is located × 5 years
15. Living expenses of the dependant
(1) The dependant is under the age of 18
Amount of compensation for living expenses of residents and dependents=per capita consumption expenditure of urban residents in the last year where the court is located × (18 - actual age of the dependents) ÷ number of dependents × disability compensation coefficient (if the victim dies, this coefficient is not included in the calculation)
(2) The dependant is between 18 and 60 years old, unable to work and has no other source of income
Compensation amount for living expenses of residents and dependents=(per capita consumption expenditure of urban residents in the last year where the court is located × 20 years) ÷ number of dependents × disability compensation coefficient (if the victim dies, this coefficient is not included in the calculation)
(3) The dependant is 60-75 years old, unable to work and has no other source of income
Amount of compensation for living expenses of residents and dependants=per capita consumption expenditure of urban residents in the last year where the court is located × [20 years - (actual age of dependants - 60)] years ÷ number of dependants × disability compensation coefficient (if the victim dies, this coefficient is not included in the calculation)
(4) The dependant is over 75 years old, unable to work and has no other source of income
Amount of compensation for living expenses of residents and dependents=per capita consumption expenditure of urban residents in the last year where the court is located × 5 years ÷ number of dependents × disability compensation coefficient (if the victim dies, this coefficient is not included in the calculation)
(5) When there are several dependants
If there are several dependants, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year
16. Comfort fund for mental damage
The spirit damage solatium refers to that when the victim suffers serious personal injury, disability or death, the victim and his close relatives suffer great mental trauma, and based on this, the compensation obligor is required to pay a certain amount of compensation to the victim and his close relatives. The specific amount should be based on the degree of fault of the infringer, the consequences of medical accidents Comprehensive determination of the infringer's economic capacity, local economic development and other factors
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