In practice, there are three specific payment methods for continuing treatment: one is one-time compensation, that is, all the possible treatment expenses in the future are calculated and one-time compensation is made; Second, future losses will be prosecuted separately, which will not be resolved in this lawsuit, and only future losses will be dealt with separately; Third, even if one-time compensation is determined, if the actual treatment cost exceeds the amount determined by one-time compensation, the victim has the right to sue for compensation. The victim may provide the medical institution certificate or the appraisal conclusion to prove that the treatment expenses must be incurred, and request compensation together. The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases Article 19 Medical expenses shall be determined according to receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof. The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.
Legal objectivity:
The General Principles of the Civil Law of People's Republic of China (PRC) and Article 119th of the Civil Law of People's Republic of China (PRC) stipulate that those who infringe upon citizens' bodies and cause damage shall compensate for medical expenses. The Supreme People's Court's "Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (Trial)" stipulates in Article 1 14 that the compensation for medical expenses should generally be based on the diagnosis certificate of the local treatment hospital and the documents of medical expenses and hospitalization expenses. Generally, without the approval of the medical department, the cost of finding another hospital for treatment will not be compensated, and the cost of purchasing drugs unrelated to damage or treating other diseases without authorization will not be compensated. Item (5) of Article 58 of the Traffic Accident Handling Procedure (promulgated by the Ministry of Public Security and implemented on May/KLOC-0, 2004) stipulates that if personal injury is caused, the compensation items and standards stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases shall be calculated. "Regulations on Handling Medical Accidents" (implemented on September 1 2002) Article 50 The compensation for medical accidents and medical expenses shall be calculated according to the medical expenses incurred in the treatment of personal injuries caused by medical accidents and paid by the evidence. Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Compensation Cases for Personal Injury Caused by Electric Shock (200 1 1.2 1 Implementation) Article 4 Medical expenses refer to the fees charged by hospitals for the treatment of people injured by electric shock. Medical expenses are determined according to the diagnosis certificate, prescription, medical expenses and hospitalization expenses of the treatment hospital. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases (Implemented on May 1 2004) Article 19 Medical expenses shall be determined according to the receipts of medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence. Judging from the above-mentioned laws and regulations and relevant judicial interpretations, it is very clear that the compensation for medical expenses should be based on the actual medical expenses. In judicial practice, medical expenses compensation is also calculated according to the actual medical expenses.