What is the compensation standard for Level 10 medical accidents

Now? malpractice Frequent, not only physical injuries, but also the issue of compensation has always been a concern of everyone. So, how to determine the level 10 medical accident? Grade 10 Compensation standard for medical accidents How much? For the answers to these two questions, Nomogram Xiao Bian will introduce it to you right away.

1、 Standard division of medical malpractice

1. Class I and Class B medical accidents (Class I permanent disability ）Calculate 30 years, i.e. 100%;

2. Class II Class A medical accident (Class II disability) is calculated as 90% of Class I disability. The calculation formula is: annual average living expenses of residents × 30 years × 90%（ Disability level Coefficient, the same below);

3. Grade II Grade B medical accident (Grade III disability) is calculated as 80% of Grade I disability;

4. 70% for Grade II and Grade C medical accidents (Grade IV disability);

5. 60% for Level II and Level D medical accidents (Level V disability);

6. Class III Grade A medical accident（ Grade VI disability ）50%;

7. Grade III Grade B medical accident (Grade VII disability) is calculated as 40%;

8. Class III Grade C medical accident（ Grade VIII disability ）30%;

9. Grade III and D medical accidents (Grade IX disability) are calculated as 20%;

10. Class III Class E medical accident（ Grade 10 disability ）Calculated as 10%.

According to the above classification criteria, we know that the level 10 medical accident actually refers to the level 3 and level 5 medical accident. At this time, the compensation liability is 10%.

2、 Compensation standard for level 10 medical accidents

(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.

(II) Lost time pay: if the patient has a fixed income, it shall be calculated according to the fixed income reduced due to lost time. 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.

（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.

(V) 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 compensation functional appliances are needed due to disability, they shall be calculated as the cost of universal appliances with the certificate of medical institution.

(VII) Funeral expenses : It is calculated according to the funeral allowance standard specified by the place where the medical accident occurred.

(VIII) cover support Personal living expenses: before the death of the deceased or the 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: 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.

(XI) Mental damage Comfort payment: 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.

But considering the Medical negligence Behaviors that cause damage to the patient's body and mind, including his mental damage, should be compensated for his mental damage. The standard is generally based on the average annual living standard of the local area, and the compensation fees are different according to different situations. So, in order to win more benefits, please contact the online legal chart lawyer Let us provide you with professional legal services to help you strive for more benefits.