The standard of medical personal injury compensation cases shall be calculated according to the medical expenses incurred in the treatment of the patients' personal injury caused by the medical accident, and paid according to the evidence, but excluding 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.
 Compensation for personal injury caused by medical accidents
 （1） 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, but excluding 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 pay: if the patient has a fixed income, it shall be calculated according to the fixed income reduced due to lost time. If the income is more than 3 times the average annual wage of the staff in the previous year where the medical accident occurred, it shall be calculated according to 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: calculated according to the food allowance standard for travel of general staff of the state organ where the medical accident occurred.
 （4） Accompanying 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 in the previous year when the medical accident occurred.
 （5） Living allowance for disability: according to the level of disability, it is calculated according to the average annual living expenses of 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 appliance cost: If functional appliances for compensation are needed due to disability, they shall be calculated as the cost of universal appliances with the certificate of medical institution.
 （7） Funeral expenses: calculated according to the standard of funeral expenses subsidy specified by the place where the medical accident occurred.
 （8） Living expenses of the dependants: The living expenses of the dependants shall be limited to those who were actually supported by the deceased or the disabled before they lost their ability to work and were unable to work, and shall be calculated according to the minimum living security standard for residents in their place of residence or domicile. 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: calculated according to the actual necessary transportation expenses of the patient, and paid according to the voucher.
 （10） Accommodation fee: calculated according to the standard of travel accommodation allowance for general staff of the state organ in the place where the medical accident occurred, and paid according to the voucher.
 （11） Comfort payment for mental damage: calculated according to the average annual living expenses 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.
 Article 188 of the Civil Code [Ordinary limitation of action, maximum period of protection of rights] The limitation of action to apply to the people's court for protection of civil rights is three years. If the law provides otherwise, such provisions shall prevail.
 The limitation period of action shall be counted from the date when the obligee knows or should know that his rights have been damaged and the obligor. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the date of damage to rights, the people's court shall not protect them. Under special circumstances, the people's court may decide to extend them on the application of the obligee.