If the doctor occurs during treatment malpractice The death of patients should not only be caused by Crime of medical malpractice Conviction and sentencing should also pay compensation to the patient's family members. Then you know about medical malpractice Death compensation standard What is it like? Nomogram The following is a brief introduction for your reference.
In our country, many people involved in medical malpractice Compensation standard Not clear, resulting in their litigation Or claim for compensation at a high price to increase unnecessary Litigation costs And other expenses; Either the claim amount is lower than the compensation standard of the losses suffered, which can not fully protect their legitimate rights and interests. 《 Regulations on Handling Medical Accidents 》The compensation for medical malpractice stipulated in Article 50 shall be calculated according to the following items and standards:
I Medical expenses
According to the medical accident caused to patients Personal injury What happened during the treatment medical expense It is calculated and paid according to the certificate, but does not include 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 cost
If the patient has a fixed income, it shall be calculated according to the fixed income reduced due to missed work. The income is higher than the annual average of employees in the previous year where the medical accident occurred wages If it is more than 3 times, it shall be calculated as 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.
three Hospitalized food allowance
It shall be calculated according to the food allowance standard for business trip of general staff of the state organ where the medical accident occurred.
4、 Nursing 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 and workers in the previous year when the medical accident occurred.
5、 Disability living allowance
according to Disability level , calculated according to the average annual living expenses of the 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、 Disabled equipment cost
If compensation functional equipment is needed due to disability, it shall be calculated according to the cost of universal equipment with the certificate of the medical institution.
VII Funeral expenses
It shall be calculated according to the funeral allowance standard specified by the place where the medical accident occurred.
8、 Was support Living expenses
With the dead or disabled Incapacity The minimum living security standard of residents in the place where their household registration or residence is located shall be calculated for those who actually support them before and have no ability to work. 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
It is calculated according to the actual necessary transportation expenses of the patient and paid according to the voucher.
10、 Accommodation expenses
It shall be calculated according to the standard of travel and accommodation allowance for general staff of the state organ in the place where the medical accident occurred, and paid according to the certificate.
XI Mental damage Consolation money
It is calculated according to the average annual living cost 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. Moreover, Article 51 also stipulates participation Treatment of medical accidents The cost of transportation, work delay and accommodation required by the close relatives of patients shall be calculated with reference to the relevant provisions of Article 50 of these Regulations. The number of people who calculate the cost shall not exceed 2 People. If a medical accident causes the death of a patient, the transportation expenses, work delay expenses and accommodation expenses required by the spouse and immediate family members of the patient who participate in the funeral activities shall be calculated with reference to the relevant provisions of Article 50 of these Regulations, and the number of people who calculate the expenses shall not exceed 2.
The above is the brief introduction of the compensation standards for medical accident death. If a medical accident happens and causes the death of a patient, the family members can claim compensation from the hospital according to the above standards. But the process of claim is very troublesome. I suggest you call the law website lawyer , they will help you analyze the situation.
Complaints/reports Disclaimer: The above content is integrated by LATU in combination with policies, regulations and Internet related knowledge, and does not represent the views and positions of the platform. If the content is incorrect or infringing, please contact us to correct or delete it through [Complaint/Report] on the right.
Site Map
