Compensation standard for Huanggang medical accident

Compensation standard for Huanggang medical accident

1. Personal injury but not disability due to medical accident

The amount of compensation for personal injury=medical expenses+lost time expenses+nursing expenses+transportation expenses+hospitalization subsidies, board expenses+nutrition expenses+accommodation expenses+spiritual injury compensation

Medical expenses: calculated according to the medical expenses incurred in the treatment of the patient's personal injury caused by the medical accident, paid according to the evidence, excluding the original medical expenses

Lost time fee: if the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income; If there is no fixed income, it shall be calculated according to the average income of the last three years or with reference to the standards of the same industry

Nursing fee: if the nursing staff has income, it shall be calculated according to the actual reduced income; If there is no income or nursing workers are employed, they shall be calculated with reference to the labor remuneration standard of local nursing workers at the same level

Transportation fee: calculated according to the official bill of actual expenses

Hospitalization allowance board expense: determined by reference to the standard of travel food allowance for general staff of local state organs

Nutrition fee: determined according to the disability of the victim and with reference to the opinions of medical institutions

Accommodation fee: it is really necessary to go to other places for treatment, and the actual accommodation fee incurred when the patient cannot be hospitalized due to objective reasons

Comfort fund for mental damage: it shall be determined according to the injury condition of the victim, and the specific amount shall be determined according to the fault degree of the infringer, the consequences caused by the medical accident, the economic capacity of the infringer, the local economic development and other factors

2. Disabled but not dead due to medical accident

Amount of compensation for personal injury=related expenses of compensation project for personal injury but not disability due to medical accident+disability compensation+disability auxiliary equipment expenses+living expenses of dependants

Disability compensation:

(1) Under the age of 60: per capita disposable income of urban residents in the previous year where the court is located × 20 years × disability coefficient

(2) 60-75 years old: per capita disposable income of urban residents in the last year where the court is located × (80 age) × disability coefficient

(3) Over 75 years old: per capita disposable income of urban residents in the previous year where the court is located × 5 years × disability coefficient

Cost of disability aids: calculated according to the reasonable cost standard of common and applicable appliances

Living expenses of the dependants: calculated according to the per capita consumption expenditure standard of urban residents in the previous year where the court is located. If the supported person is a minor, he shall be counted to the age of 18; If the dependant has no ability to work and no other source of income, 20 years shall be counted. For those over 60 years of age, one year will be reduced for each additional year of age; Five years for those over 75

3. Death due to medical accident

Amount of compensation for personal injury=related expenses of compensation project for personal injury but not disability due to medical accident+funeral expenses+death compensation+living expenses of dependants

Funeral expenses: calculated on the basis of the average monthly salary of the staff and workers in the previous year at the location of the court of appeal, and the total amount of six months

Death compensation:

(1) Under the age of 60: per capita disposable income of urban residents in the last year where the court is located × 20 years

(2) 60-75 years old: per capita disposable income of urban residents in the last year where the court is located × (80 years old)

(3) Over 75 years old: per capita disposable income of urban residents in the last year where the court is located × 5 years

Huanggang Medical Accident Compensation Project

1. Personal injury but not disability due to medical accident

The amount of compensation for personal injury=medical expenses+lost time expenses+nursing expenses+transportation expenses+hospitalization subsidies, board expenses+nutrition expenses+accommodation expenses+spiritual injury compensation

2. Disabled but not dead due to medical accident

Amount of compensation for personal injury=related expenses of compensation project for personal injury but not disability due to medical accident+disability compensation+disability auxiliary equipment expenses+living expenses of dependants

3. Death due to medical accident

Amount of compensation for personal injury=related expenses of compensation project for personal injury but not disability due to medical accident+funeral expenses+death compensation+living expenses of dependants

Huanggang Medical Accident Calculation Method

1、 Data publicized by Huanggang Bureau of Statistics:

1. The per capita disposable income of provincial residents in the previous year was 32914 yuan;

2. The per capita disposable income of urban households in the previous year was 42626 yuan;

3. The per capita disposable income of rural households in the previous year was 19709 yuan;

4. The per capita consumption expenditure of urban residents in the previous year was 29121 yuan;

5. The per capita consumption expenditure of rural residents in the previous year was 18991 yuan;

6. Average wages of employees in all industries and industries in the province last year (year/person):

(1) Agriculture, forestry, animal husbandry and fishery 45443 yuan

(2) Mining industry 72176 yuan

(3) Manufacturing 65401 yuan

(4) 126544 yuan for power, heat, gas and water production and supply industry

(5) Construction industry 69118 yuan

(6) Wholesale and retail trade 59319 yuan

(7) Transportation, warehousing and postal services 89956 yuan

(8) 48062 yuan for accommodation and catering

(9) 117569 yuan for information transmission, software and information technology service industry

(10) Financial industry 133845 yuan

(11) Real estate industry more than 60000 yuan

(12) Leasing and business service industry more than 60000 yuan

(13) Scientific research and technical service industry 111101 yuan

(14) Water conservancy, environment and public facilities management industry 75677 yuan

(15) 49572 yuan for resident service, repair and other service industries

(16) Education 99573 yuan

(17) Health and social work 117101 yuan

(18) Culture, sports and entertainment industry 79051 yuan

(19) 117979 yuan for public management, social security and social organizations

2、 Calculation method of Huanggang medical accident compensation:

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

Lost time pay=the victim's fixed income (day/month/year) × lost time or (the average income of the last three years or the average wage of employees in the same (near) industry where the court is located in the last year ÷ 365 days) × lost time days

3. Nursing expenses

It is determined according to the income of nursing staff, the number of nurses and the duration of nursing

If the nursing staff has income, it shall be calculated by referring to the standard of work delay fee; If nurses have no income or employ nursing workers, they shall be calculated according to the labor remuneration standard of local nursing workers engaged in nursing of the same level

4. Transportation expenses

Calculated according to the actual expenses incurred by the victim and his/her necessary caregivers for medical treatment or transfer to another hospital

5. Hospitalized food allowance

Hospitalized food allowance=food allowance standard for general staff of local state organs on business trip (yuan/day) × length of stay

If the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons, the actual accommodation and food expenses (reasonable part) of the victim and his/her caregivers also belong to the category of hospitalization food subsidies

6. Nutrition expenses

According to the disability of the victim and the opinions of the medical institution, 20-40 yuan/day × nutrition period

7. Accommodation expenses

The accommodation expenses actually incurred by the victim and his/her nursing staff when the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons; Accommodation fees indicated by the victim's relatives for funeral when the victim dies

8. 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

9. 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

10. 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

11. 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

12. Living expenses of dependants

(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

13. 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

The above content is integrated with laws and regulations, government websites and Internet related knowledge for reference only. In case of infringement, please submit information through the complaint channel, and we will deal with it in a timely manner as required.