Legal basis: Article 50 of the Regulations on Handling Medical Accidents, the compensation for medical accidents shall be calculated according to the following items and standards: 1. Medical expenses: medical expenses incurred in the treatment of personal injury caused by medical accidents shall be calculated and paid according to the facts, but excluding primary medical expenses. If it is really necessary to continue treatment after closing the case, it shall be paid according to the basic medical expenses. 2. Lost time: if the patient has a fixed income, it shall be calculated according to the fixed income reduced by his own absenteeism, and if the income exceeds three times the annual average salary of the employees on the ground where the medical accident occurred, it shall be calculated according to three times; If there is no fixed income, it shall be calculated according to the average annual salary of employees on the ground where the medical accident occurred. 3. Hospitalization food allowance: calculated according to the standard of food allowance for general 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 annual average salary of the employees on the ground where the medical accident occurred. 5. Disability living allowance: according to the disability level and the average annual living expenses of local residents, the maximum compensation is 36 years from the month of disability. Over 60 years old, no more than 65,438+05 years, and over 70 years old, no more than 5 years.