Jiangxi medical fault identification cost is how to charge?
A, Jiangxi medical fault identification cost how to charge? Medical fault identification, refers to the people's court in accepting the medical damage compensation civil litigation case, ex officio or at the request of any party, commissioned by a person with specialized knowledge of the string of medical damage results and medical fault causal relationship between the specialized issues such as analysis, judgment and provide identification of the activities. It can be seen, the purpose of medical fault identification, is for medical damages in civil litigation encountered in the specialization is always a technical service. At present, jiangxi province, medical malpractice appraisal fees for: provincial level 4000 yuan per case, municipal level 3000 yuan per case. Second, what is the principle of medical fault identification costs? Judicial appraisal institutions should be unified to collect judicial appraisal fees, charges for items and standards to implement the relevant provisions of the state. Judicial appraisal of the appraisal fee is still in accordance with the principle of who proposed, who paid in advance. Therefore, the final appraisal costs are still related to the appraisal results. In accordance with the provisions of our judicial appraisal rules, after identification, belonging to the medical institutions there are medical fault behavior, resulting in medical damage, medical institutions should be held legally responsible for the appraisal costs by the medical institutions in accordance with the proportion of the legal responsibility should be held legally responsible. That is to say, who proposed to do forensic identification who should be paid in advance identification costs, if the medical institution should be held legally responsible for the medical institution to bear the proportion of the legal costs of identification, will return part or all of the patients and their families of the prepaid fees. If the identification of medical institutions are not at fault, do not bear legal responsibility, who made the application for forensic identification, who is responsible for the identification costs. If the application is made by the medical institution, the medical institution shall bear, by the patient and his family, the patient and his family shall bear. If the court applies for the commission in the litigation, usually both parties pay half of the fee in advance. To summarize, for medical malpractice, the judicial appraisal of medical fault can better determine the liability. At present, the judicial appraisal of the "implementation of who identify, who advance the cost" principle. Jiangxi medical fault appraisal costs according to the provincial and municipal level and different, specific but also consult the local forensic institutions. After identification, is the responsibility of the medical institution, the medical institution will pay the cost and compensation.