How to punish medical beauty accidents? Nowadays, there are more and more medical beauty plastic surgery hospitals, and groups of beauty lovers will choose to renovate their beauty, so there are more and more accidents about medical beauty. Many hospitals may not be qualified, so how to punish medical beauty accidents?
How to punish medical beauty accidents 1 The standard of how to deal with medical beauty accidents is to determine the standard of compensation according to the actual losses caused by medical accidents to those who suffer losses. In addition, when determining the responsibility of medical malpractice, medical patients who suffer losses can be held accountable for damages of the hospital, whether it is breach of contract or infringement.
The standard of how to deal with medical accidents is to determine the compensation standard according to the actual losses caused by medical accidents to the victims.
The first step is to identify medical malpractice.
Copying and sealing medical records should be timely.
After a medical dispute, the first thing to do is to save, copy or seal the medical records. The legal term is "evidence preservation".
Medical record is the sum of words, symbols, charts, images, slices and other materials formed by medical staff in the process of medical activities, including outpatient (emergency) medical records and inpatient medical records, and belongs to a kind of documentary evidence.
Medical records can not only prove the existence of doctor-patient relationship, but also prove the whole diagnosis and treatment process. It is an important or even the only evidence to judge whether the hospital should be responsible for the damage to the patient's body or health, and plays an important role in solving medical disputes.
The second step, the medical association will issue a medical accident appraisal report.
When patients go to the hospital, there is a medical contract between doctors and patients. The medical behavior of the hospital will constitute a breach of contract because it fails to perform its medical obligations correctly, and it will also constitute an infringement because it infringes on the patient's right to life, body and health.
Therefore, in the trial of medical damage compensation cases, the liability for hospital damage compensation can be investigated for both breach of contract and tort.
The victim can choose one of them to file a claim for damages.
In the trial practice, in view of the fact that the liability for breach of contract does not recognize the compensation for mental damage, and the compensation for medical damage is mainly personal injury, it is more beneficial for patients to apply the treatment of medical damage compensation to tort liability.
Of course, when there is a medical contract or other circumstances between doctors and patients, the parties are allowed to choose the liability for breach of contract or tort.
The third step is to calculate the compensation base of medical malpractice.
1, medical expenses compensation amount = medical expenses incurred (excluding primary medical expenses) and expected medical expenses.
2. Compensation amount for lost time = lost time × income standard (fixed income of patients reduced due to lost time)
3. Hospitalization food subsidy = hospitalization time × food subsidy standard for general staff of state organs in the place where the medical accident occurred.
4. The amount of compensation for the escort fee = the number of escort days × the number of escorts × the annual average salary of employees on the ground where the medical accident occurred.
5. Disability living allowance compensation = disability level × average annual living expenses of residents in the place where the medical accident occurred × compensation period.
6, the amount of compensation for disabled appliances = universal appliance costs.
7. The amount of compensation for funeral expenses = the average monthly salary of employees in this Municipality last year ×6 months.
8 the amount of compensation for the living expenses of the dependents = the number of dependents × the minimum living standard of local residents × the number of years of support.
9. The amount of compensation for transportation expenses = the sum of the actual transportation expenses documents.
10, the compensation amount of accommodation fee = the number of days of accommodation × the standard of accommodation allowance for ordinary staff of state organs where the medical accident occurred.
1 1, the amount of compensation for mental damages = the average annual living expenses of residents in the place where the medical accident occurred × the number of years (the longest death is not more than 6 years, and the longest disability is not more than 3 years).
The fourth step is to calculate the total salary.
The calculation formula is: total compensation = the total amount added in the above 1 1 × the compensation ratio of the degree of medical negligence responsibility.
Step 5, the insurance company or medical institution pays compensation according to the determined total compensation.
No matter how many complicated medical disputes there are, it is the ultimate goal for patients to obtain corresponding compensation for medical accidents.
In other words, compensation is the core issue of the whole medical malpractice.
With the continuous development of China's social and economic level, China's medical technology is also improving, but it is undeniable that medical accidents also occur from time to time in China. At this time, we should pay attention to the relevant regulations.
How to punish medical malpractice? 1. Compensation standard for medical accidents.
The compensation standard for medical beauty accidents is illegal.
Regulations on the handling of medical accidents
Forty-ninth medical accident compensation, should consider the following factors, determine the specific amount of compensation:
(a) the level of medical accidents;
(two) the degree of responsibility of medical negligence in the consequences of medical accident damage;
(three) the relationship between the consequences of medical accident damage and the patient's original disease status.
If it is not a medical accident, the medical institution shall not be liable for compensation.
Fiftieth medical accident compensation shall be calculated according to the following items and standards:
(1) Medical expenses: calculated according to the medical expenses incurred in treating personal injuries caused by medical accidents, and paid according to the evidence, but excluding the medical expenses of the primary disease. 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 will be calculated according to the fixed income reduced by his absenteeism, and if the income exceeds three times the average annual salary of the employees in the place where the medical accident occurred, it will 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 ordinary 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 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 residents in the place where the medical accident occurred, the maximum compensation is 30 years from the month of disability; However, those over 60 years old shall not exceed 15 years old; More than 70 years of age, not more than 5 years.
(6) Disability appliance fee: If it is necessary to configure compensation functional appliances due to disability, it shall be calculated according to the universal appliance fee with the certificate of medical institution.
(7) Funeral expenses: calculated according to the subsidy standard of funeral expenses stipulated by the place where the medical accident occurred.
(8) Living expenses of dependents: limited to those actually supported by the deceased or disabled before they lose their ability to work, and calculated according to the minimum living standard of residents in their domicile or residence. 16 years old, raised to 16 years old.
Those who have reached the age of 16 but have no ability to work will be supported for 20 years; However, those over 60 years old shall not exceed 15 years old; More than 70 years of age, not more than 5 years.
(9) Transportation expenses: calculated according to the transportation expenses actually needed by patients, and paid by credentials.
(X) Accommodation fee: calculated according to the standard of accommodation allowance for general staff of state organs in the place where the medical accident occurred, and paid by credentials.
(11) Spiritual damages: calculated according to the average annual living expenses of residents in the place where the medical accident occurred. If the patient dies, the compensation period shall not exceed 6 years at the longest; Disabled, the compensation period shall not exceed 3 years.
Second, what are the medical beauty disputes?
With the vigorous development of the beauty industry, there are more and more cases of disfigurement caused by beauty, and more and more medical beauty disputes. Medical beauty disputes mainly include the following types:
1, medical mistakes lead to beauty disputes. First, the poor technical level of doctors leads to beauty failure. Second, the doctor ignored the patient's request during the operation without the patient's consent, which led to the dispute. Three, doctors in order to increase economic benefits or strongly encourage medical patients to do cosmetic surgery caused by disputes.
2. Beauty disputes are caused by patients. Such disputes can be divided into two categories: patients' high expectations and public opinion affecting patients' aesthetic feeling.
3. Beauty disputes caused by illegal medical practice. Such disputes can be divided into two categories: surgical failure due to lack of anatomical knowledge and basic skills and cosmetic failure due to lack of pharmacological knowledge.
Third, how to compensate for medical beauty disputes?
After a beauty dispute occurs, we should first analyze what kind of legal act it belongs to, because different legal acts will lead to different legal treatment results.
1, legal disputes and responsibilities arising from breach of contract of beauty.
Beauty service is a contractual legal relationship and a service contractual relationship. The so-called service contract refers to a contract in which both parties agree that one party shall complete certain service behaviors or objective and specific service activities according to the requirements of the other party, and the other party shall pay service remuneration.
In beauty service, if the behavior of beauty institutions is not expressed by agreement, it is a breach of contract. For beauty disputes arising from breach of contract, there is no compensation for mental damage in the scope of compensation.
2. Beauty disputes and responsibilities arising from infringement.
When beauty institutions provide beauty, citizens' right to life and health will generally be damaged because of their negligence.
First of all, there must be damage facts, which include three types:
Property loss: the property loss suffered by the subject because of beauty;
Personal injury: because of beauty, the physiological functions of tissues and organs can be seen inside and outside the body are damaged;
Mental damage: refers to causing mental pain to the parties.
Secondly, there must be something wrong. The fault in beauty disputes is mainly negligent behavior, generally not intentional. Negligence means that the actor should have foreseen the result of his own behavior but didn't. Even if he did, he was credulous and avoidable.
The scope of compensation for beauty disputes arising from infringement basically includes medical expenses, hospitalization expenses, lost time and mental damage compensation. Before compensation, we should first identify the medical accident, get a reasonable appraisal result, evaluate the appraisal grade, and get the corresponding compensation standard according to the grade standard to ensure that the interests of the parties are protected.
How to punish medical beauty accidents? 3 medical beauty dispute resolution methods are:
(1) there was a strong dispute between doctors and patients, which ended in nothing;
(2) Disputes began to arise, but were resolved through free remedial treatment;
(3) After hard negotiation, the hospital promised to give economic compensation and eliminate disputes;
(4) Through the intervention of the superior administrative department, the medical party gives compensation to solve the dispute;
(5) through civil litigation;
⑥ Prosecute the crime of injury and solve it through criminal proceedings.
Relevant laws:
criminal law
Article 335 Medical personnel who commit the crime of medical accident and cause the death of the patient or seriously damage the health of the patient due to gross negligence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 336 Crime of illegal medical practice A person who has not obtained the qualification of a doctor illegally practices medicine, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; Those who seriously damage the health of patients shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.
Medical practitioners act
Nineteenth medical practitioners who apply for individual practice must practice in medical, preventive and health care institutions for five years after registration, and go through the examination and approval procedures in accordance with the relevant provisions of the state; No one is allowed to practice medicine without approval.
The administrative department of health of the local people's governments at or above the county level shall, in accordance with the provisions of the administrative department of health of the State Council, conduct regular supervision and inspection of individual doctors practicing medicine. If one of the circumstances stipulated in Article 16 of this Law is found, the registration shall be cancelled in time and the doctor's practice certificate shall be withdrawn.