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Q: This case is cosmetic surgery. Both the injured and the hospital require the State Medical Association and the Provincial Medical Association to conduct medical accident appraisal, but the Medical Association does not do cosmetic accident appraisal, so it is afraid to take it. Later, I just did a disability appraisal. Excuse me: In the absence of medical malpractice appraisal, you can only claim compensation according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, right? Can't the Medical Malpractice Ordinance be applied? This case is cosmetic surgery. Both the injured and the hospital require the State Medical Association and the Provincial Medical Association to conduct medical accident appraisal, but the Medical Association does not do cosmetic accident appraisal, so it is afraid to take it. Later, I just did a disability appraisal. Excuse me: In the absence of medical malpractice appraisal, you can only claim compensation according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, right? Can't the Medical Malpractice Ordinance be applied?

A: The Scout Law Online Consultation will answer your question.

Disability appraisal standard? Disability appraisal standard: A standard is uniformly stipulated by the state, and then implemented by the local authorities in accordance with this standard, so as to safeguard the legitimate rights and interests of the disabled and promote social harmony and stability. There are many kinds of disabilities, and all kinds of disabilities should be implemented in contrast. The following-10 disability appraisal standard: 1. Evaluation standard of personal injury and disability in road traffic accidents:

Appraisal standard "Disability Assessment of Injured Persons in Road Traffic Accidents" (GB 18667-2002)

The scope of application is applicable to the assessment of the degree of disability of people injured in road traffic accidents.

1, division basis:

a.

The ability of daily activities is slightly limited;

b.

Decline in work and study ability;

c.

Social skills are slightly limited. [ 1]

2. Evaluation criteria:

4. 10. 1

Brain, spinal cord and peripheral nerve injuries:

a.

Neurological dysfunction, mild limitation of daily activities;

b.

Traumatic epilepsy can be controlled by drugs, but the EEG changes are more than moderate;

c.

Mild aphasia or dysarthria;

d.

Unilateral mild facial paralysis, difficult to recover;

e.

Mild involuntary movement or ataxia;

f.

Vision disorders such as strabismus, diplopia, optical illusion and nystagmus;

g.

Hemiplegic or hemiplegic superficial sensory dissociative loss;

h.

Lose all feeling in one limb.

Idaho (short for Idaho)

Segmental total sensory loss;

j.

Affect the erectile function of penis.

4. 10.2

Head and face injuries caused by:

a.

The low vision of one eye is1;

b.

Single eyelid drooping or deformity;

c.

Moderate visual field defect (diameter less than 60);

d.

Lacrimal canaliculus injury, leaving tears overflow symptoms;

e.

Intraocular foreign body residue;

f.

Traumatic cataract;

g.

Traumatic cerebrospinal fluid rhinorrhea or otorrhea;

h.

Maxillary and mandibular defects, with more than 4 teeth falling off;

Idaho (short for Idaho)

Oral injury, tooth loss more than 8;

j.

Oral or temporomandibular joint injury, mild mouth opening limitation;

k.

Part of the tip of the tongue is missing (or deformed);

length

Moderate and severe hearing impairment in one ear; Or moderate hearing impairment in both ears;

Meter (short for meter))

One auricle is missing (or deformed) 10% or more;

Noun (short for noun)

The tip of the nose is missing (or deformed);

o.

Facial scar formation, with an area greater than 6cm2 or facial line scar greater than10cm;

Page (abbreviation of page)

The area of facial slight fatigue mark (or obvious change of pigment) is greater than 65438±05 cm2;;

Ask.

There is no hair over 40cm2 on the scalp;

r.

Skull defect is larger than 4cm2, leaving slight nervous system symptoms and signs; Or skull defect is greater than 6cm2, and there are no symptoms and signs of nervous system;

south

Maxillofacial bone and soft tissue defects are more than 8 cubic centimeters.

4. 10.3

Causes of spinal injury:

a.

Abnormal recovery of cervical or lumbar vertebrae, loss of mobility of neck or waist 10% or more;

b.

Abnormal healing of thoracic vertebrae slightly affects respiratory function;

c.

More than one-third compression fracture of thoracic or lumbar vertebrae.

4. 10.4

Causes of neck injury:

a.

Scar formation, loss of cervical mobility more than 65438 00%;

b.

Slightly affect breathing and swallowing function;

c.

The scar area of the anterior cervical triangle is more than 20cm2.

4. 10.5

Causes of chest injury:

a.

Female breast is partially missing (or deformed);

b.

Fracture of more than 4 ribs; Or more than 2 ribs are missing;

c.

Repair of lung rupture;

d.

Pleural adhesion or thoracic deformity.

4. 10.6

Cause of abdominal injury:

a.

Repair of gastric, intestinal and digestive gland rupture;

b.

Repair of gallbladder rupture;

c.

Repair of mesenteric injury;

d.

Repair of splenic rupture;

e.

Repair of renal rupture or mild renal insufficiency;

f.

Repair of diaphragm rupture.

4. 10.7

Caused by pelvic injury:

a.

The pelvis is inclined, and the length difference of both lower limbs is more than 2cm.

b.

Pelvic malunion;

c.

One ovary is missing or completely atrophied;

d.

One fallopian tube is missing or occluded;

e.

Repair of uterine rupture;

f.

Severe stricture of one ureter;

g.

Repair of bladder rupture;

h.

Mild urethral stricture;

Idaho (short for Idaho)

Rectal and anal injury, scar formation, defecation dysfunction.

4. 10.8

Causes of perineal injury:

a.

The glans penis is missing (or deformed) by more than 25%;

b.

Penile foreskin injury, scar formation, affecting function;

c.

One vas deferens is missing (or occluded);

d.

One testicle is missing or completely atrophied;

e.

Scrotal injury, scar formation more than 50%.

4. 10.9

Vaginal stenosis caused by vulvar and vaginal injuries affects function.

4. 10. 10

Caused by limb injury:

a.

Hand loss (or loss of function) more than 5%;

b.

Loss of sensation in both hands by more than 25%;

c.

The forearm rotation function of both upper limbs lost more than 50 degrees;

d.

The arch structure above13 is destroyed;

e.

Loss of feet and toes (or loss of function) more than 20%;

f.

Upper limb length difference is greater than 4cm.

g.

The length difference of both lower limbs is greater than 2cm.

h.

Linear fracture of long bones of limbs above epiphyseal plate;

Idaho (short for Idaho)

Loss of one limb function 10% or more.

4. 10. 1 1

Paralysis marks caused by skin injury reach more than 4% of body surface area.

Two, industrial injury, occupational disease disability evaluation criteria:

Standard for Grade Appraisal of Workers' Injuries and Occupational Diseases "Appraisal of Labor Ability" GB/T

16 180-2006》

Scope of application Occupational injuries and occupational diseases

1, division basis:

Partial organ defects, abnormal morphology, no dysfunction, no drug dependence or general drug dependence, no nursing dependence.

2. Evaluation criteria:

1) meets one of the criteria of moderate disfigurement;

2) Foreign body with facial scar, skin graft, pigmentation or depigmentation >; 2

cm2

3) Total scar area

4) Traumatic spinal osteoarthritis with low back pain, under 50 years old;

5) Patients with disc herniation who have not undergone surgery;

6) The distal interphalangeal joint of any finger except the thumb is severed or loses its function;

7) After fingertip skin grafting (hypertrophic scar 1

Above cm2);

8) Skin grafting area of the back of hand > 50

Cm2, with obvious scar;

9) Skin grafting area of palms and feet > 30%;

10) 3 ~ 4 fingers are missing except thumb;

1 1) No toes except the big toe;

12) back skin graft area >: 100

cm2

13) patients with knee meniscus injury and cruciate ligament injury who were not operated;

14) There was no dysfunction after fracture healing in all parts of the body;

15) Chronic radiation-induced skin injury of one hand or both hands is more than Ⅱ degree;

16) corrected visual acuity of one eye is ≤0.5, and corrected visual acuity of the other eye is ≥ 0.8;

17) binocular corrected visual acuity ≤ 0.8;

18) correction of unilateral or bilateral ectropion or incomplete eyelid closure after plastic surgery;

19) correction of ptosis and pupil13 after plastic surgery;

20) symblepharon affects eyeball rotation and is corrected after plastic surgery;

2 1) intraocular lens heel corrected normal vision after occupational and traumatic cataract surgery;

22) occupational and traumatic cataracts, correct normal vision;

23) Partial dislocation of lens;

24) Intraorbital foreign bodies were not removed;

25) intraocular foreign body is not removed;

26) traumatic mydriasis;

27) The penetrating injury of cornea and sclera was cured;

28) Binaural hearing loss ≥26

DB, or one ear ≥56

dB;

29) bilateral vestibular function loss, unable to stand with eyes closed;

30) Chrome nose disease (asymptomatic);

3 1) loss of sense of smell;

32) In addition to wisdom teeth, more than 65,438 incisors or more than 2 other teeth have fallen off;

33) One side of the temporomandibular joint is stiff, and I-degree mouth opening is difficult;

34) There is a foreign body in the sinus or cheek that has not been taken out;

35) unilateral nasal cavity or nostril atresia;

36) perforation of nasal septum;

37) incomplete facial paralysis on one side;

38) After closed drainage of hemopneumothorax alone, pleural adhesion thickened;

39) After thoracotomy;

40) After conservative treatment of liver trauma;

4 1) After conservative treatment of pancreatic injury;

42) After conservative treatment of spleen injury;

43) After conservative treatment of renal injury;

44) After conservative treatment of bladder trauma;

45) After ovarian repair;

46) After tubal repair;

47) After breast repair;

48) Immune function decreased slightly;

49) chronic mild phosphorus poisoning;

50) industrial fluorosis stage I;

5 1) bursitis of coal miners;

52) stage I of decompression osteonecrosis;

53) First degree tooth erosion;

54) Occupational dermatosis cannot be cured for a long time.

Third, medical accident disability assessment

Classification standard of medical malpractice identification standard (for Trial Implementation) (2002)

Scope of application Evaluation of the degree of disability that often causes personal injury to patients in medical accidents.

Specifically, it is stipulated in this standard that medical accidents from Grade B to Grade E correspond to Grade 1 to Grade 10 disability, and medical accidents from Grade E correspond to Grade 10 disability.

(5) Class III medical accident: partial organ defect or deformity, slight dysfunction, no medical dependence, and self-care. For example, one of the following situations is caused to the patient:

1, mild mental retardation after brain lobe loss;

2. Poor pronunciation or speech;

3. The structure of both eyes is damaged, and the visual evoked potential (VEP) of eyes is good >: 120ms (ms), and the vision is corrected.

4, lacrimal apparatus injury, surgery can not improve lacrimal overflow;

5. It is confirmed by objective examination that the binaural hearing loss is greater than 3 1 dbhl (decibel) or the single ear hearing loss is greater than 7 1 dbhl (decibel);

6. Auricular defect is greater than 1/3 and less than 2/3;

7. Hypothyroidism;

8. Bronchial injury requires surgery;

9, instruments or foreign bodies into the digestive tract, need to open out;

10, a thumb joint dysfunction;

1 1, and the muscle strength of both calves was Grade IV (Grade IV), and the clinical judgment could not be restored. Mild incontinence;

12, scoliosis was caused by more than 30 degrees after operation;

13. After operation, the kyphosis was angulated (thoracic segment was greater than 60 degrees, thoracolumbar segment was greater than 30 degrees, and lumbar segment was greater than 20 degrees);

14, the original deformity of spine, trunk or limb is seriously aggravated;

15, major organ injury, slight dysfunction after repair.

Four, the degree of human injury and disability identification standards

Accreditation Criteria (Trial) (2005)

Scope of application The people's court's appraisal of the degree of personal injury and disability involved in criminal, civil and administrative cases.

Remarks: The appraisal standard of the degree of human disability has not been officially issued [2]. The appraisal standards for the degree of personal injury and disability involved in criminal cases of local courts, except for the appraisal of the degree of disability of workers at work and occupational diseases and the appraisal of disability in road traffic accidents, can be determined by the courts themselves. [3]

2. 10 Specific provisions for ten-level disability

2. 10. 1 edge intelligence state.

2. 10.2 personality changes.

2. 10.3 skull loss is more than 6cm2.

2. 10.4 craniocerebral injury was treated by craniotomy (except simple decompression).

2. 10.5 after cerebrospinal fluid leakage repair.

2. 10.6 bilateral vestibular dysfunction.

2. 10.7 intracranial foreign bodies.

2. 10.8 Scalp injury with scar formation or hairlessness, with an area exceeding 40cm2.

2. 10.9 facial scar is greater than 6cm2, or facial cord scar is greater than 10cm.

2. 10. 10 The tiny spots or pigments on the face changed obviously 10cm2 or more.

2. 10. 1 1 unilateral facial paralysis.

2. One eyebrow of10.12 is completely scarred.

2. 10. 13 nasal tip defect (or deformity), the longest diameter line exceeds 1cm, which affects the appearance.

2. 10. 14 partial lip defect is exposed with 2 teeth width, which is larger than 12 crown.

2. 10. 15 partial skull loss or malunion of comminuted fracture, which affects aesthetics.

2. 10. 16 Low vision 1, or visual field radius ≤20.

2. 10. 17 ptosis on one side covers some pupils.

2. 10. 18 One eyelid is deformed, which affects the appearance and function.

2. 10. 19 binocular homonymous quadrant hemianopia.

2. 10.20 traumatic diplopia with limited eyeball movement or invagination of more than 2mm, or traumatic strabismus of more than 15.

2. 10.2 1 corneal transplantation, or no iris after trauma, or low intraocular pressure after ciliary body detachment.

2. 10.22 traumatic cataract needs surgical treatment.

2. 10.23 traumatic glaucoma needs drug maintenance treatment.

2. 10.24 Lacrimal organ injury surgery can not improve epiphora.

2. 10.25 One ear is missing (or deformed) 10% or bilateral auricles are missing (or deformed) by more than 5%.

2. 10.26 Single ear hearing loss ≥56

dBHL .

2. 10.27 temporomandibular joint loss, difficulty in opening mouth.

2.10.28 More than 4 teeth fell off.

2. 10.29 The neck injury caused more than 25% scar formation in the anterior triangle of the neck.

2. 10.302 Multiple rib fractures, malunion.

2. 10.3 12 is missing above the ribs.

2. 10.32 thoracic duct injury.

2. 10.33 lung repair or surgical treatment of foreign bodies.

2.65438+

2. 10.35 Repair of esophagus, stomach and intestine.

2. 10.36 liver and spleen repair.

2. 10.37 renal repair.

2. 10.38 Mild dysuria.

2. 10.39 bladder repair.

2. 10.40 One side of vas deferens is missing and cannot be repaired.

2. 10.4 1 female breast is partially missing.

2. 10.42 Repair of uterus, ovary and fallopian tube.

2. 10.43 odontoid fracture of axis.

2. 10.44 ossification of residual posterior longitudinal ligament after cervical fracture.

2. 10.45 Vertebral compression fracture, and the anterior height compression is greater than 12.

2. 10.46 Vertebral fractures (except compression and avulsion fractures).

2. 10.47 malunion of pelvic fracture.

2. 10.48 Both hands and fingers are missing 5% or have lost more than 5% of their functions.

2. 10.49 lack of one hand by more than 5%.

2. 10.50 upper limb fracture with deformity shortened by more than 2cm.

2. 10.5 1 Loss of function of one of the shoulder, elbow and wrist joints by more than 25%.

2. 10.52 Forearm rotation function lost more than 50%.

2. 10.53 Fracture of femur and tibia with abnormal angulation >: 10 or rotation > 10.

2. 10.54 lower limb fracture with shortening deformity.

2. 10.55 unilateral patella resection.

2. 10.56 unilateral meniscectomy.

2. 10.57 A knee ligament was completely broken.

2. 10.58 genu valgus deformity >: 10, or flexion deformity.

2. 10.59 epiphyseal fracture of minors.

2. 10.60 hip, knee and ankle joint lost more than 25% function.

2. 10.6 1 loss of feet and toes 10% or loss of more than 25% function.

2. 10.62 A large number of foreign bodies remained in the body.

2. 10.63 Skin injury leads to scar formation reaching more than 5% of body surface area.

Five, military disability level

Appraisal standard "Military Disability Grade Standard (Trial)"

Scope of application Disability rating of active servicemen due to war and duty (including occupational diseases).

Specific provisions (10) with one of the following residual senses, partial organ defects, morphological abnormalities and mild dysfunction, for ten:

1. paroxysmal headache with abnormal EEG (more than 3 times) after half a year of brain injury;

2. After brain injury, marginal intelligence;

3. After skull repair for patients with skull defect of 3cm2~9cm2 or skull defect ≥9cm2 after craniocerebral injury;

4. Intracranial foreign bodies;

5. The total body scar occupies the body surface area >; 5%;

6. facial scar > 2%;

7. Corrected vision of one eye is ≤0.5, and corrected vision of the other eye is ≥ 0.8;

8. binocular vision correction

9. Radiation or traumatic cataract stage I ~ II;

10. Intraorbital foreign bodies were not removed;

1 1.ⅴ nerve eye branch paralysis;

12. traumatic mydriasis;

13. Binaural hearing loss ≥30dBHL or monaural hearing loss ≥ 70 dbhl;

14. vestibular dysfunction, unable to stand with eyes closed;

15. Severe hoarseness;

16. After reconstruction of one ear or both ears;

17. complete loss of sense of smell;

18. Unilateral nasal atresia or nostril atresia;

19. One temporomandibular joint was ankylosed, and the mouth opening degree was 0.

20. There are foreign bodies in the maxillofacial region;

2 1. Unilateral incomplete facial paralysis;

22. rib fracture >; Thoracic malformation in 3 cases;

23. Foreign bodies remain in the lungs;

24. After the abdominal organ injury is repaired;

25. The pigmentation or loss of foreign body exceeds the whole facial area 1/4.