Legal analysis: The amount of compensation for medical malpractice must be determined according to the specific circumstances. If it does not constitute a medical malpractice, the medical institution will not be liable for compensation.

Legal basis: "Regulations on the Handling of Medical Accidents"

Article 49 For medical accident compensation, the following factors should be considered to determine the specific amount of compensation:

( 1) Level of medical accident;

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

(3) The relationship between the damage consequences of medical accident and the patient’s original disease condition relationship between.

If it does not constitute a medical accident, the medical institution will not be liable for compensation.

Article 50 Compensation for medical accidents shall be calculated according to the following items and standards:

(1) Medical expenses: medical expenses incurred in treating the personal damage caused by the medical accident to the patient The cost is calculated and paid according to the voucher, but does not include the medical expenses for the original disease. If you really need to continue treatment after the case is closed, you will be paid according to the basic medical expenses.

(2) Lost work allowance: If the patient has a fixed income, the calculation shall be based on the fixed income reduced due to missed work. If the income is more than 3 times the average annual salary of employees in the place where the medical accident occurred in the previous year, the calculation shall be based on 3 times. times; if there is no fixed income, it will be calculated based on the average annual salary of employees in the year where the medical accident occurred.

(3) Hospitalization food subsidy: calculated according to the business trip food subsidy standards for general staff of state agencies where the medical accident occurs.

(4) Accompanying fee: If the patient requires a special person to accompany him during hospitalization, it will be calculated based on the average annual salary of employees in the place where the medical accident occurred in the previous year.

(5) Disability living allowance: Based on the disability level, calculated based on the average annual living expenses of residents in the place where the medical accident occurred, the maximum compensation is 30 years from the month of disability; however, for those over 60 years old, No more than 15 years; for those over 70 years old, no more than 5 years.

(6) Disability equipment fee: If a device with compensating function is required due to disability, it shall be calculated according to the cost of universal equipment with a certificate from a medical institution.

(7) Funeral expenses: Calculated according to the funeral expense subsidy standards stipulated in the place where the medical accident occurred.

(8) Living expenses of dependents: limited to those who were actually supported by the deceased or the disabled person before they lost their ability to work and have no ability to work, and calculated according to the minimum living security standard for residents in the place of their registered residence or place of residence. For those under the age of 16, they will be supported until they reach the age of 16. For those who are over 16 years old but unable to work, they will be supported for 20 years; however, for those over 60 years old, it will not exceed 15 years; for those over 70 years old, it will not exceed 5 years.

(9) Transportation expenses: Calculated based on the patient’s actual necessary transportation expenses and paid with voucher.

(10) Accommodation expenses: Calculated in accordance with the business trip accommodation subsidy standard for general staff of the state agency where the medical accident occurred, and paid upon receipt.

(11) Mental damage solatium: calculated based on the average annual living expenses of residents in the place where the medical accident occurred. If the patient's death is caused, the maximum period of compensation shall not exceed 6 years; if the patient is disabled, the maximum period of compensation shall not exceed 3 years.

Article 51 The transportation expenses, work loss expenses, and accommodation expenses required by close relatives of patients who participate in the treatment of medical accidents shall be calculated with reference to the relevant provisions of Article 50 of these Regulations. The number of people calculating the expenses shall not exceed 2 people.

If a medical accident causes the death of a patient, the transportation expenses, lost work expenses, and accommodation expenses required by the patient's spouse and immediate family members participating in the funeral activities shall be calculated with reference to the relevant provisions of Article 50 of these Regulations. No more than 2 people.

Article 52: Compensation for medical accidents shall be settled in a one-time manner and shall be paid by the medical institution responsible for the medical accidents.