Doctors are not omnipotent, because they will be limited by professional technology, medical equipment or social development level in the medical process. Now the doctor-patient relationship is getting more and more tense. The patient died in a medical institution. If the doctor is responsible, how should the patient compensate for the medical accident death? According to the procedure of personal injury compensation, the procedure of medical accident death compensation is: (1) prosecution. According to the judicial interpretation of the Supreme Court in handling personal injury compensation cases, you must bring a lawsuit to the court within one year after the accident. Because the limitation of action is only 1 year, after the limitation of action, there will be no legal support and the right to win the case will be lost. (2) Identification and compensation of medical accidents. After the court accepted the case, it applied for medical malpractice appraisal. If you ask the hospital for compensation according to the appraisal results. According to Article 50 of the Regulations on the Handling of Medical Accidents, the compensation for medical accidents shall be calculated according to the following items and standards: (1) Medical expenses: medical expenses incurred due to personal injury caused by medical accidents shall be calculated and paid on the basis of credentials, 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 due to absenteeism, and if the income exceeds three times the average annual salary of the employees in the place 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 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 cost of universal appliances with the certificate of medical institutions. (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. Article 51 The transportation expenses, lost time expenses and accommodation expenses required for the close relatives of patients to participate in the handling of medical accidents shall be calculated with reference to the relevant provisions of Article 50 of these regulations, and the number of people who calculate the expenses shall not exceed 2. If a medical accident causes the death of a patient, the transportation expenses, lost time expenses and accommodation expenses required by the spouse and immediate family members of the patient participating in the funeral activities shall be calculated with reference to the relevant provisions of Article 50 of these regulations, and the number of people who calculate the expenses shall not exceed 2.
Legal objectivity:
Article 179 of the Civil Law of People's Republic of China (PRC) infringes upon others and causes personal injury, it shall compensate the reasonable expenses of medical treatment, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, etc., and the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.