How much is the general compensation for medical accidents

In practice, if a patient suffers personal injury due to medical staff's fault during medical treatment, the hospital has the responsibility to compensate the patients and their families for the losses. Let's share the general compensation for medical accidents. How much is the general compensation for medical accidents 1

The compensation standard for medical accidents and its calculation formula

1. According to the Regulations on Handling Medical Accidents, disputes over civil liability such as compensation for medical accidents can be resolved through consultation between doctors and patients; Unwilling to negotiate or if negotiation fails, the parties may apply to the administrative department of health for mediation, or directly bring a civil lawsuit to the people's court.

2. if the two parties negotiate to solve the civil liability disputes such as compensation for medical accidents, an agreement shall be made. The agreement shall specify the basic information of both parties, the cause of the medical accident, the level of medical accident recognized by both parties and the amount of compensation determined through consultation, and shall be signed by both parties.

3. If it has been identified as a medical accident, the health administrative department may conduct medical accident compensation mediation at the request of both parties to the medical accident dispute. Mediation should follow the principle of voluntariness of both parties, and the amount of compensation should be calculated according to the provisions of these regulations.

4. If the two parties reach an agreement on the amount of compensation through mediation, a conciliation statement shall be made and both parties shall perform it; If mediation fails or one party reneges after reaching an agreement through mediation, the health administrative department will no longer mediate.

The following factors should be considered to determine the specific amount of compensation for medical malpractice:

(1) the level of medical malpractice;

(2) the degree of responsibility of medical negligence in the damage consequences of medical accidents;

(3) the relationship between the damage consequences of medical accidents and the patient's original disease status.

if it is not a medical accident, the medical institution will not be liable for compensation. What is the general compensation for medical malpractice 2

1. What is the latest compensation standard for medical malpractice

1. Medical expenses

The medical expenses incurred in the treatment of personal injury caused by medical malpractice are calculated and paid according to the evidence, but the primary medical expenses are not included. If it is really necessary to continue treatment after closing the case, it will be paid according to the basic medical expenses.

2. Lost time expenses

If the patient has a fixed income, it will be calculated according to the fixed income that he has reduced due to lost time, and if the income is more than three times the average annual salary of the employees in the ground where the medical accident occurred, it will be calculated according to three times; If there is no fixed income, it shall be calculated according to the average annual salary of the staff and workers on the ground where the medical accident occurred

3. The food allowance for hospitalization < P > shall be calculated according to the standard of food allowance for ordinary staff of state organs in the place where the medical accident occurred.

4. Escort fee

If the patient needs special escort during hospitalization, it shall be calculated according to the average annual salary of the staff and workers on the ground where the medical accident occurred.

5. Disability living allowance

According to the disability level and the average annual living expenses of residents in the place where the medical accident occurred, the maximum compensation is 3 years from the month of disability; Over 6 years of age, not more than 15 years; More than 7 years of age, not more than 5 years.

6. Disability appliance fee

If compensation functional appliances are needed due to disability, they shall be calculated according to the cost of popular appliances with the certificate of medical institutions.

7. Funeral expenses shall be calculated according to the subsidy standard for funeral expenses stipulated in the place where the medical accident occurred

8. Living expenses of the dependents

(1) Only those who were actually supported by the deceased or disabled before they lost their ability to work shall be calculated according to the minimum living guarantee standard for residents in their domicile or residence.

(2) for those under the age of 16, support them until they are 16.

(3) 2 years for those who have reached the age of 16 but are unable to work; However, those over 6 years of age shall not exceed 15 years; More than 7 years of age, not more than 5 years.

9. The transportation expenses are calculated according to the actual necessary transportation expenses of patients, and paid by credentials.

1. The accommodation expenses are calculated according to the standard of travel accommodation allowance for general staff of state organs where medical accidents occur, and paid by credentials.

11. Mental damages

(1) Calculated according to the average annual living expenses of residents in the place where the medical accident occurred.

(2) If the patient dies, the longest compensation period shall not exceed 6 years; If the patient is disabled, the compensation period shall not exceed 3 years.

12. Personnel expenses for handling

(1) The transportation expenses, lost time expenses and accommodation expenses required by the close relatives of patients participating in the handling of medical accidents shall be calculated with reference to the relevant provisions of Article 5 of these Regulations, and the number of people who calculate the expenses shall not exceed 2;

(2) If a medical accident causes the death of the patient, the transportation expenses, lost time expenses and accommodation expenses required by the spouse and immediate family members of the patient attending the funeral activities shall be calculated with reference to the relevant provisions of Article 5 of these Regulations, and the number of people who calculate the expenses shall not exceed 2.

II. How to calculate the escort fee for medical disputes

"If a patient needs special escort during hospitalization, it shall be calculated according to the average annual salary of employees in the last year where the medical accident occurred." The calculation period of the escort fee is limited to the "hospitalization period" after the patient's medical accident, and is calculated on a daily basis based on the average annual salary of employees in the place where the accident occurred in the previous year.

it should be pointed out that as an administrative regulation, the "one size fits all" calculation method of the escort fee stipulated in the regulations is different from that stipulated in Article 145 of the Opinions of the Supreme Court on Several Issues Concerning the Implementation of the General Principles of Civil Law, which stipulates: "The approval of the hospital shall be limited to the salary standard of ordinary local temporary workers."

With regard to this compensation fee, it should be noted that:

1. The premise of the escort fee is that the patient really needs special care, such as the patient can't take care of himself;

2. The accompanying personnel can be temporary workers (nursing workers) specially hired or family members of patients;

3. There are some differences between the Regulations and the Supreme People's Court's Several Opinions. Article 145 of the Supreme Court's Opinions calls this fee "the lost time allowance for accompanying personnel", which stipulates that "the lost time allowance for people who are approved by the hospital to specialize in nursing can be calculated according to the actual loss of income.

Generally, the bonus due can be calculated within the amount of compensation. If I have no wage income, the compensation standard should be limited to the salary standard of ordinary local temporary workers. "

4. There is one nursing staff in principle, but if the medical institution or appraisal institution has a clear opinion, the number of nursing staff can be determined by reference;

5. The nursing period should be calculated until the victim recovers the ability of self-care;

6. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is not more than 2 years;

7. The nursing level of the victim after disability determination should be determined according to the degree of nursing dependence and the situation of preparing disability AIDS.

8. Compensation amount of escort fee = days of escort × number of escorts × average annual salary of employees in the ground where the medical accident occurred. 3

1. How long is the limitation of compensation for medical accident?

According to Article 136 of the General Principles of the People's Republic of China and the Civil Law, "the limitation period of the following actions is one year: (1) claims for compensation for physical injury; ……”。 This limitation period applies to medical malpractice disputes, that is, the limitation period for claiming compensation for medical disputes is one year.

if the injury is obvious, it shall be counted from the date of injury; The injury was not found at that time, and it can be proved that it was caused by infringement after inspection, which shall be counted from the date when the injury was confirmed.

2. Calculation formula of medical accident compensation:

1. Compensation amount for medical expenses = medical expenses incurred (excluding primary medical expenses)+expected medical expenses;

2. Compensation amount for lost time = lost time × income standard (fixed income of patients reduced due to lost time);

3. Hospitalization food allowance = hospitalization time × travel food allowance standard for general staff of state organs where medical accidents occur;

4. The amount of compensation for the escort fee = the number of escort days × the number of escorts × the average annual salary of employees on the ground where the medical accident occurred;

5. Compensation for disability living allowance = disability level × average annual living expenses of residents in the place where the medical accident occurred × compensation period;

6. The amount of compensation for disabled appliances = the cost of popular appliances;

7. The amount of compensation for funeral expenses = the average monthly salary of employees in this city last year ×6 months;

8. The amount of compensation for the living expenses of the dependents = the number of dependents × the minimum living standard of local residents × the number of years of support;

9. The compensation amount for transportation expenses = the sum of the actual necessary transportation expenses documents;

1. Compensation amount of accommodation fee = number of days of accommodation × standard of accommodation allowance for ordinary staff of state organs in the place where the medical accident occurred;

11. The amount of compensation for mental damage pension = the average annual living expenses of residents in the place where the medical accident occurred × the number of years (the longest death is not more than 6 years, and the longest disability is not more than 3 years).