Compensation Standard for Medical Accidents in Lunan District

Compensation Standard for Medical Accidents in Lunan District

1. Personal injury but not disability due to medical accident

The amount of compensation for personal injury=medical expenses+rehabilitation expenses+plastic surgery expenses and other follow-up treatment 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

Rehabilitation cost: calculated according to the actual situation according to the doctor's advice or judicial expertise

Cosmetic fees and other follow-up treatment fees: calculated according to the actual situation according to the inevitable expenses determined by medical advice or judicial expertise

Lost time cost:

(1) If the victim has a fixed income, the lost wages shall be calculated according to the actual reduced income due to lost work

(2) If the victim is unable to prove that he or she has a fixed income and is engaged in agricultural production, the lost wages shall be calculated according to the average annual wages of the employees working in agriculture, forestry, animal husbandry and fishery in Lunan District in the previous year

(3) The victim is unable to prove that he has a fixed income. In other cases, the cost of lost time is calculated according to the average annual wage standard of the employees in the residential services and other service industries in Lunan District in the previous year

Nursing fee:

(1) Nursing during hospitalization and short-term medical advice nursing after discharge

Nurses have income, which shall be calculated according to the provisions of the lost time fee

If the nursing staff have no income or employ nursing workers, the nursing fee shall be calculated by referring to the average annual wage standard of the residents in Lunan District and other service industries in the previous year

(2) Long term rehabilitation care after discharge

The nursing fee is calculated according to the average annual wage standard of residents and other service industry employees in Lunan District last year, and is determined in combination with the nursing dependency coefficient, nursing years and number of nurses

traffic expense:

(1) City

Transportation cost=20 yuan/day × outpatient times or hospital stay

(2) Out of town

Take long-distance bus, train, plane and other public transportation means, and calculate according to the actual traffic invoice; For the use or borrowing of private cars, the transportation costs shall be calculated by reference to the public transportation costs between the residence and the hospital, but generally shall not exceed the national standard for travel of general staff

Hospitalization allowance and board expenses: for medical treatment in various cities, refer to the food standards for general staff of municipal state organs on business trips; For medical treatment in other places, please refer to the standard of food allowance days for general staff of state organs in Lunan District

Nutrition cost: the calculation standard of nutrition cost is 20 yuan/day × hospital stay

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+appraisal expenses

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

Appraisal fee: the appraisal fee is calculated according to the actual degree of personal injury and disability and in combination with the actual bill

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

Lunan District Medical Accident Compensation Project

1. Personal injury but not disability due to medical accident

The amount of compensation for personal injury=medical expenses+rehabilitation expenses+plastic surgery expenses and other follow-up treatment 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+appraisal expenses

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

Calculation method of medical accidents in Lunan District

1、 Publicized data of Statistics Bureau of Lunan District:

1. The per capita disposable income of provincial residents in the previous year was 30867 yuan;

2. The per capita disposable income of urban households in the previous year was 41278 yuan;

3. The per capita disposable income of rural households in the previous year was more than 193600 yuan;

4. The per capita consumption expenditure of urban residents in the previous year was 25071 yuan;

5. The per capita consumption expenditure of rural residents in the previous year was 16271 yuan;

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

(1) Agriculture, forestry, animal husbandry and fishery: 60706 yuan

(2) Mining industry 95838 yuan

(3) 80289 yuan for manufacturing industry

(4) Power, heat, gas and water production and supply industry 115727 yuan

(5) Construction industry 69392 yuan

(6) Wholesale and retail 63068 yuan

(7) 97698 yuan for transportation, warehousing and postal services

(8) Accommodation and catering industry 45346 yuan

(9) 132218 yuan for information transmission, software and information technology service industry

(10) Financial industry 95401 yuan

(11) Real estate industry 71833 yuan

(12) Leasing and business services 59874 yuan

(13) 93508 yuan for scientific research and technical service industry

(14) Water conservancy, environment and public facilities management industry 45032 yuan

(15) 44796 yuan for resident service, repair and other service industries

(16) Education: 86608 yuan

(17) Health and social work: 86762 yuan

(18) 78373 yuan for culture, sports and entertainment

(19) Public management, social security and social organizations: 74221 yuan

2、 Calculation method of medical accident compensation in Lunan District:

1. Medical expenses

Medical expenses=medical expenses incurred (excluding primary medical expenses)+expected medical expenses

2. Rehabilitation expenses

The necessary expenses determined according to the doctor's orders or judicial expertise opinions shall be calculated according to the facts

3. Cosmetic fees and other follow-up treatment fees

The necessary expenses determined according to the doctor's orders or judicial expertise opinions shall be calculated according to the facts

4. Lost time cost

(1) The victim has a fixed income

Lost time cost=actual reduced income due to lost time

(2) The victim is unable to prove that he has a fixed income and is engaged in agricultural production

Lost time cost=average annual wage of on duty workers in agriculture, forestry, animal husbandry and fishery in Lunan District last year (yuan/year) ÷ 365 (days) × lost time (days)

(3) The victim is unable to prove that he or she has a fixed income

Lost time cost=average annual wage of residents in service and other service industries in Lunan District last year (yuan/year) ÷ 365 (days) × lost time (days)

5. Nursing expenses

(1) Nursing during hospitalization and short-term medical advice nursing after discharge

Nurses have income, which shall be calculated according to the provisions of the lost time fee

If the nursing staff has no income or employs nursing workers, the nursing fee=the average annual salary of the residents and other service industry employees in Lunan District in the previous year ÷ 365 days × the number of days of medical care

(2) Long term rehabilitation care after discharge

Nursing cost=average annual salary of residents in service and other service industries in Lunan District in the previous year × nursing dependency coefficient × nursing years × number of nurses

6. Transportation expenses

(1) City

Transportation cost=20 yuan/day × outpatient times or hospital stay

(2) Out of town

Take long-distance bus, train, plane and other public transportation means, and calculate according to the actual traffic invoice; For the use or borrowing of private cars, the transportation costs shall be calculated by reference to the public transportation costs between the residence and the hospital, but generally shall not exceed the national standard for travel of general staff

7. Hospitalized food allowance

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

For medical treatment within the jurisdiction of each city, refer to the food standards for general staff of municipal state organs on business trips; For medical treatment in other places, please refer to the standard of food allowance days for general staff of state organs in Lunan District

8. Nutrition expenses

Nutrition cost=20 yuan/day × length of stay

9. Accommodation expenses

It shall be calculated according to the accommodation invoice, but shall not exceed the travel standard of general staff of state organs

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

Cost of disability aids=reasonable cost of common and applicable appliances × number of appliances

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. 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

14. 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

15. 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

16. Appraisal fee

The appraisal fee is calculated according to the actual personal injury and disability degree and the actual bill

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