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How to stipulate the compensation standard for first-class medical accidents
Compensation items and standards for first-class medical accidents: (1) Medical expenses: 1. The medical expenses are determined according to the receipt documents such as medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence; 2。 The amount of compensation for medical expenses shall be determined according to the actual amount before the end of the debate in the court of first instance; 3。 According to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred; 4。 The obligee can sue separately after the rehabilitation expenses, appropriate plastic surgery expenses and other follow-up treatment expenses required for organ function recovery training actually occur. (2) Lost time: 1. The lost time cost is determined according to the lost time and income of the victim; 2。 The lost time is determined according to the certificate issued by the medical institution where the victim is treated; 3。 If the victim loses his job due to injury and disability, the time of losing his job can be calculated to 4 days before the fixed disability date. If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income; 5。 If the victim has no fixed income, the victim can refer to the average income in the past three years. (3) Nursing expenses: 1. The nursing fee is determined according to the income status of nursing staff, the number of nursing staff and the nursing period; 2。 If the nursing staff has income, it shall be calculated according to the provisions of the lost time fee; 3。 If the nursing staff has no income or employs nursing staff, it shall be calculated according to the local labor remuneration standard for nursing staff at the same level; 4。 In principle, the number of nursing staff is 1 person, but the number of nursing staff can be determined if the medical institution or evaluation institution has clear opinions; 5。 The nursing period should be calculated until the victim recovers his self-care ability; 6。 If the victim is unable to recover the ability of self-care due to disability, a reasonable nursing period can be determined according to factors such as age and health status, but the longest period is no more than 20 years; 7, the victim's disability care, according to the degree of nursing dependence and the configuration of disability AIDS to determine the nursing level. (4) Hospitalization food subsidy: The cost of hospitalization food subsidy can be determined by referring to the standard of food subsidy for ordinary staff of local state organs. (5) Nutrition expenses are related to the actual situation of medical institutions and are determined according to the medical expenses and the actual situation of medical institutions. (6) Accommodation and other medical expenses Accommodation fees are determined according to the actual situation of medical expenses. Number of victims and accommodation and accommodation expenses. (8) Living expenses of dependents: 1. The living expenses of the dependents shall be calculated according to the per capita consumption expenditure of urban residents and the per capita annual consumption expenditure of rural residents where the sued court is located; 2。 If the dependent is a minor, it is calculated as 18 years old; 3。 If the dependent has no ability to work and no other source of income, 20 years shall be counted; 4. For those over 60 years old, the age will increase by one year; Over 75 years old, calculated as 5 years (9) Compensation for mental damage: 1. The degree of fault of the infringer, except as otherwise provided by law; 2, infringement means, occasions, behavior and other specific circumstances; 3. Consequences of infringement; 4. The profits of the infringer; 5. The economic ability of the infringer to take responsibility; 6。 The average living standard of the place where the court is sued. Compensation items for deceased patients: (1) Funeral expenses: Funeral expenses: Funeral expenses are calculated according to the standard of per capita wage loss in the place where the sued court is located in the previous year. (2) Other death expenses shall be calculated according to the transportation expenses and salary standards of the place where the sued court is located for more than one year and less than one year. (2)。 If all the victims die, it shall be calculated according to the transportation expenses of the court where the lawsuit is located for more than one year and less than one year.