Medical malpractice death calculation standard
Medical expenses: according to the medical malpractice on the physical damage caused by the treatment of medical expenses incurred, vouchers to pay, but does not include the original incidence of medical expenses. After the conclusion of the case really need to continue treatment, in accordance with the basic medical expenses. Lost wages: the patient has a fixed income, in accordance with the fixed income of the person due to lost work to reduce the calculation of income higher than three times the average annual salary of employees on the ground of the medical incident, according to the triple calculation; no fixed income, in accordance with the average annual salary of employees on the ground of the medical incident. Hospitalization meal allowance: in accordance with the medical malpractice occurred in the place of the state organs of the general staff of the standard calculation of meal allowance on business trips. Accompanying costs: the patient needs to be accompanied during hospitalization, according to the medical malpractice occurred in a year of the average annual salary of employees. Disability living allowance: according to the level of disability, according to the average annual cost of living of residents in the place where the medical malpractice occurs, the maximum compensation of thirty years from the month of disability; however, 60 years of age or older, not more than fifteen years; 70 years of age or older, not more than five years. Disability appliances: If you need to configure compensatory appliances due to disability, calculate the cost of universal appliances. Disabled funeral expenses: in accordance with the medical accident occurred in the place of the funeral expenses subsidy standards. Dependent living expenses: to the deceased or disabled before the loss of working capacity to actually support and unable to work for the limit, in accordance with their domicile or place of residence of the residents of the minimum subsistence standards. If the deceased was under 16 years of age, he or she shall be supported until he or she reaches the age of 16. On the age of 16 years old but incapable of labor support for twenty years; however, more than 60 years of age, not more than fifteen years; 70 years of age or older, not more than six years. Transportation costs:Calculated according to the patient's actual necessary transportation costs, payable by voucher. Accommodation: in accordance with the medical malpractice occurred in the state organs of the general staff of the travel accommodation subsidy standards, payable on the basis of evidence. The compensation for moral damages is calculated according to the average annual cost of living of the residents in the place where the medical malpractice occurred. Caused the death of the patient, the compensation for up to six years; caused the patient's disability, the compensation for up to three years.Medical malpractice death compensation standards
Medical malpractice compensation for death of which items: 1, funeral expenses Funeral expenses in accordance with the location of the court of lawsuit in the previous year the average monthly salary of the workers standard, to the total amount of six months. 2, death compensation 1) death compensation in accordance with the location of the court under appeal in the previous year per capita disposable income of urban residents or per capita net income of rural residents standard, calculated at twenty years; 2) sixty years of age or older, the age of each additional year is reduced by one year; seventy-five years of age or older, calculated at five years. 3. Other Other reasonable expenses such as transportation, accommodation and loss of lost labor incurred by the victim's relatives for funeral matters. Compensation standards: Death compensation = per capita income in the previous year where the person responsible for the accident × 20 years Death compensation is the object of compensation for the rest of the life, but not exactly the rest of the life, if the age is too small, compensation for 20 years on the end of the age is older is the age of each additional year will be reduced by one year. Death compensation adopted by the Department of "loss of inheritance," not consolation money, the formula is: (1) urban residents: death compensation = per capita disposable income of urban residents in the previous year × 20 years [60 years of age or older (actual age - 60); 75 years of age or older for 5 years] (2) Rural residents are: death compensation = per capita disposable income of rural residents in the previous year × n [n: 60 years of age for 20 years (inclusive); 60 years of age or older: n = (actual age - 60); 75 years of age or older for 5 years] (3) death compensation for persons under 60 years of age = per capita disposable income of urban residents in the previous year (per capita net income of rural residents) × 20 years. (4) Death compensation for persons aged 60 to 75 = disposable income per capita of urban residents (net income per capita of rural residents) × [20 - (actual age - 60)] for the previous year. (5) Death compensation for persons over 75 years of age = per capita disposable income of urban residents (per capita net income of rural residents) for the previous year x 5 years