1, if the first two are smooth, you can claim compensation! Judging from the legal practice of medical disputes, both doctors and patients can roughly estimate a compensation amount according to the compensation amount stipulated by law and comprehensively consider the costs such as litigation fees and appraisal fees, which is relatively reasonable. Because, if mediation can't solve the medical dispute, it will eventually be solved through litigation. In relevant laws and regulations, the calculation standard and method of compensation amount should be clarified. Take this as the most authoritative legal basis, "no objection". As we said before, if the damage to medical institutions is obvious, then medical institutions will face the problem of the amount of medical damage compensation through litigation; Because it is the consequence of "losing the case", it is necessary to bear the legal costs; In the conclusion of "appraisal", you need to bear legal responsibility, so you need to bear the appraisal fee. Therefore, the calculated compensation amount should at least include the above three items: compensation plus legal fees plus appraisal fees. In addition to these basic projects, other economic losses in the whole process can also be properly considered! 2. The appraisal fee is determined by the appraisal institution, and patients and their families can obtain information by telephone consultation or logging on the website. The legal fees are determined according to the amount of litigation compensation, and patients and their families can calculate the amount of legal fees according to the compensation items proposed. The calculation table of legal fees has been given in the previous chapter. 3. The amount of medical compensation has been listed in detail in the previous text! Patients and their families can initially calculate the compensation amount according to each item, and the relevant calculation basis can be obtained on the website of the National Bureau of Statistics. I want to give you a suggestion here. If you do the calculation, you should try to claim compensation through "personal injury compensation". The legal basis for reference is the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, because the provisions of this law are generally more beneficial to patients and their families than the provisions of medical accidents, both from the perspective of calculating the amount of compensation and from the perspective of "caring for patients". 4. In addition, fully consider the "reputation loss" and "business loss" that medical institutions will face when they participate in litigation, and the amount of compensation can be appropriately adjusted in the mediation process. It should be noted that both doctors and patients are facing "great pressure" in the process of medical dispute mediation. Both sides are facing the same situation. "wrangling" is inevitable, so we should be more patient in the mediation process. If you see that the two sides have great differences and mediation is hopeless, don't waste any more time. Timely litigation should be a better choice. 5. Judging from the legal practice of medical dispute mediation, quite a few patients and their families have no idea about the amount of compensation. In this case, I advise patients and their families not to read so many laws and regulations, but to consult lawyers directly and seek legal help; Again, patients and their families are really in financial difficulties and can't hire a lawyer to provide legal help! You can also ask for free legal aid through the local judicial bureau. After all, lawyers, even medical lawyers, can also help you advise and tell you the general litigation procedures. Without the help of a lawyer, it's like groping in the dark. Without any direction, you will encounter many difficulties in solving medical disputes. Therefore, the help of a lawyer is very helpful! 6. If the mediation between doctors and patients has entered the final stage, according to previous mediation experience, the final compensation amount is often one-half to two-thirds of the compensation amount. If the amount of compensation is acceptable to patients and their families, it can be completely resolved through mediation, and compensation can be obtained after signing relevant agreements. The strategy of resolving medical disputes through consultation can be used as a reference. When there is a dispute between doctors and patients, we can clearly know the negotiation process, which is reasonable and well-founded, so as to avoid blindly demanding compensation and making the negotiation fail. The occurrence of medical accidents will have a great negative impact on hospitals, so hospitals often choose the solution of avoiding the important and the success rate of negotiations will be high.