Compensation standard for medical accidents in Yulin

Compensation standard for medical accidents in Yulin

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 invoice issued by the medical institution, combined with medical records and medical expenses clearing documents

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) The victim has a fixed income

The cost of lost time is calculated according to the actual reduced income

(2) Without fixed income and engaged in agricultural production

The cost of lost time is calculated according to the annual average wage standard of private units in Yulin's cities and towns for agriculture, forestry, animal husbandry and fishery in the previous year

(3) No fixed income, otherwise

The cost of lost time is calculated according to the annual average wage standard of Yulin urban private unit employees in the previous year

Nursing fee:

(1) Inpatient care

Nursing cost=last year's average annual salary of Yulin private sector residents in service, repair and other service industry ÷ 365 days × hospital stay × number of nurses

(2) Short term medical care after discharge

Nursing cost=last year's average annual salary of Yulin private sector residents in service, repair and other service industry ÷ 365 days × days of medical advice

(3) Long term rehabilitation care after discharge

Nursing cost=last year's average annual salary of Yulin private sector residents in service, repair and other service industries × nursing dependency coefficient × nursing years × 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 and other means of transportation, according to the actual calculation of the transportation fee invoice, but in principle should not exceed the national standard for general staff travel

Hospitalization allowance board expense: calculated according to the food allowance standard for general staff of local state organs on business trips

Nutrition cost: the calculation standard of nutrition cost is 30 yuan/day

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 caused by medical accident+disability compensation (including living expenses of dependants)+disability auxiliary equipment expenses+appraisal fees

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 caused by medical accident+funeral expenses+death compensation (including living expenses of dependants)

Funeral expenses: calculated on the basis of the monthly average wage standard of the previous year for non private employees in Yulin town, 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

Yulin 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 caused by medical accident+disability compensation (including living expenses of dependants)+disability auxiliary equipment expenses+appraisal fees

3. Death due to medical accident

Amount of compensation for personal injury=related expenses of compensation project for personal injury but not disability caused by medical accident+funeral expenses+death compensation (including living expenses of dependants)

Calculation method of medical accidents in Yulin

1、 Publicized data of Yulin Statistics Bureau:

1. The per capita disposable income of provincial residents in the previous year was 30116 yuan;

2. The per capita disposable income of urban households in the previous year was 42431 yuan;

3. The per capita disposable income of rural households in the previous year was 15704 yuan;

4. The per capita consumption expenditure of urban residents in the previous year was 24766 yuan;

5. The per capita consumption expenditure of rural residents in the previous year was 14094 yuan;

6. Last year, the average annual wage of urban non private sector employees was 90996 yuan;

7. Average wages of urban private sector employees in all industries and average wages of industrial employees in the previous year (year/person):

(1) More than 36860 yuan for agriculture, forestry, animal husbandry and fishery

(2) Mining industry 63971 yuan

(3) Manufacturing industry: 55981 yuan

(4) 60758 yuan for power, heat, gas and water production and supply

(5) Construction industry 51848 yuan

(6) Wholesale and retail 46055 yuan

(7) 59338 yuan for transportation, warehousing and postal services

(8) Accommodation and catering industry 39982 yuan

(9) Information transmission, software and information technology service industry 82255 yuan

(10) Financial industry 43035 yuan

(11) Real estate industry 52014 yuan

(12) Leasing and business services 51084 yuan

(13) More than 60000 yuan for scientific research and technical service industry

(14) Water conservancy, environment and public facilities management 38888 yuan

(15) 39139 yuan for resident service, repair and other service industries

(16) Education 47711 yuan

(17) Health and social work 57778 yuan

(18) 44631 yuan for culture, sports and entertainment

2、 Calculation method of compensation for medical accidents in Yulin:

1. Medical expenses

The medical expenses shall be calculated according to the medical expenses invoice issued by the medical institution, combined with the medical records and the medical expenses clearing documents

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 has no fixed income and is engaged in agricultural production

Lost time cost=annual average wage of private units in Yulin urban areas for agriculture, forestry, animal husbandry and fishery in the previous year (yuan/year) ÷ 365 (days) × lost time (days)

(3) The victim has no fixed income, otherwise

Lost time cost=the average annual wage of Yulin urban private sector employees in the previous year (yuan/year) ÷ 365 (days) × lost time (days)

Days of missed work: outpatient service: medical treatment time+doctor's order rest time (one outpatient service is calculated as one day of missed work)

Inpatient: length of stay+rest time after discharge (if the patient is absent from work due to disability, it will be calculated to the day before disability determination)

5. Nursing expenses

(1) Inpatient care

Nursing cost=last year's average annual salary of Yulin private sector residents in service, repair and other service industry ÷ 365 days × hospital stay × number of nurses

(2) Short term medical care after discharge

Nursing cost=last year's average annual salary of Yulin private sector residents in service, repair and other service industry ÷ 365 days × days of medical advice

(3) Long term rehabilitation care after discharge

Nursing cost=last year's average annual salary of Yulin private sector residents in service, repair and other service industries × 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 and other means of transportation, according to the actual calculation of the transportation fee invoice, but in principle should not exceed the national standard for general staff travel

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

8. Nutrition expenses

Nutrition cost=30 yuan/day × hospitalization days (or nutrition period identification days)

9. Accommodation expenses

The necessary and reasonable accommodation expenses incurred for the purpose of treatment shall be calculated according to the accommodation invoice, and shall not exceed the travel standard of general staff of local state organs; Accommodation fees indicated by the victim's relatives for funeral when the victim dies

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 salary of non private employees in Yulin town in the previous year (yuan/month) × 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

Compensation amount for living expenses of residents and dependants=per capita consumption expenditure of urban residents in the previous year where the court is located × [20 years - (actual age of dependants - 60)] years ÷ number of dependants × disability compensation coefficient (If the victim dies, the 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

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