Medical expenses are determined according to receipts, medical records, diagnosis certificates and other relevant certificates of medical expenses and hospitalization expenses issued by medical institutions. 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. For the necessary rehabilitation expenses, appropriate plastic surgery expenses and other follow-up treatment expenses, the compensation obligee can sue separately after the actual occurrence, and the limitation of action is one year.
However, the inevitable expenses determined according to the medical certificate or appraisal conclusion can be compensated together with the medical expenses that have already occurred. Follow-up treatment fee refers to the necessary expenses incurred by the victim due to injury and disability, income loss caused by loss of working ability, including disability compensation, disability AIDS, living expenses of dependents, and necessary rehabilitation fees, nursing fees and follow-up treatment fees actually incurred due to rehabilitation nursing and continuing treatment. In judicial practice, the calculation methods include calculating the average cost in the past, entrusting a judicial appraisal institution to evaluate the treatment cost, and calculating according to the diagnosis certificate of a medical institution or the doctor's suggestion. Time calculation includes: according to the expected average life expectancy, according to the calculation of 20 years, the combination of the two.
1. What are the three ways to compensate for the cost of follow-up treatment?
(1) One-time compensation, that is, both parties negotiate a certain amount of treatment expenses that may occur in the future and make one-time compensation. No matter how much medical expenses occur in the future, the responsible party will no longer be responsible;
(2) The treatment expenses that may occur in the future will be prosecuted separately after the actual occurrence, and will not be solved in this lawsuit;
(3) According to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred. This fee is carefully judged by the court and must be clearly proved by the medical institution, otherwise it will generally not be supported.
Second, what kinds of situations generally require compensation for follow-up treatment fees?
(1) The victim's injury has not healed, and further treatment is needed.
(2) Although the victim's injury is cured, it needs a second operation to take out the plates, screws and other fixtures implanted in the body for treatment.
(3) The victim's injury cannot be completely cured, and he needs to rely on some medicine or treatment for a long time.
(4) Although the victim has recovered, he should be trained to restore organ function, which will lead to rehabilitation expenses.
(5) Although the victim's injury has healed, cosmetic surgery is needed, resulting in cosmetic expenses.
Legal basis:
Judicial interpretation of personal injury compensation
Paragraph 2 of Article 19 stipulates that "medical expenses shall be determined according to the receipts of medical expenses and hospitalization expenses issued by medical institutions, combined with medical records and diagnosis certificates and other relevant evidence. The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. For the rehabilitation expenses, proper cosmetic expenses and other follow-up treatment expenses necessary for organ function recovery training, the compensation obligee may sue separately after the actual occurrence, and the limitation of action is one year. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred. "