(a) the grade of medical malpractice;
(b) the degree of responsibility for acts of medical negligence in the consequences of medical malpractice damages;
(c) the relationship between the consequences of the damages of medical malpractice and the patient's pre-existing condition of the disease.
If it is not a medical malpractice, the medical institution shall not be liable for compensation.
Article 50 Compensation for medical malpractice shall be calculated in accordance with the following items and standards:
(1) Medical expenses: medical expenses incurred in treating the personal damage caused by the medical malpractice to the patient shall be calculated and paid on the basis of the evidence, but the medical expenses for the original disease shall not be included. After the conclusion of the case does require continued treatment, in accordance with the basic medical expenses paid.
(2) lost wages: the patient has a fixed income, in accordance with the fixed income of the person due to loss of work to reduce the calculation of income higher than three times the average annual wage of the employee on the ground of the occurrence of the medical malpractice, in accordance with three times the calculation; no fixed income, in accordance with the medical malpractice occurs on the ground of the average annual wage of the employee calculation.
(3) Hospitalized meal allowance: calculated in accordance with the standard of meal allowance for the general staff of the state organs in the place where the medical malpractice occurred.
(4) escort fee: the patient needs to be accompanied during hospitalization, according to the average annual salary of the employee in the year where the medical incident occurred.
(v) Disability living allowance: according to the disability grade, calculated in accordance with the average annual cost of living of the residents in the place where the medical malpractice occurred, with a maximum compensation of 30 years from the month of determination of the disability; however, for those over 60 years of age, it shall not be more than 15 years; and for those over 70 years of age, it shall not be more than 5 years.
(6) Disability Appliance Fee: If you need to configure compensatory functional appliances due to disability, with the certificate of the medical institution, the fee shall be calculated according to the cost of universal appliances.
(vii) Funeral expenses: calculated in accordance with the standard of funeral expenses subsidy stipulated by the place where the medical incident occurred.
(viii) Dependents' living expenses: to the extent of the deceased's life or the disabled person before the loss of working capacity to actually support the person who is unable to work, in accordance with the minimum standard of subsistence guarantee for residents of the place of domicile or residence. For those who are under 16 years of age, they shall be supported until they reach 16 years of age. For those who have reached the age of 16 but are incapable of labor, they shall be supported for 20 years; however, if they are over 60 years of age, they shall not be supported for more than 15 years; if they are over 70 years of age, they shall not be supported for more than 5 years.
(ix) Transportation fee: calculated according to the actual necessary transportation cost of the patient, and paid with the evidence.
(j) Accommodation expenses: calculated in accordance with the standard of business trip accommodation allowance for the general staff of the state organs in the place where the medical malpractice occurs, and paid on the basis of supporting documents.
(xi) compensation for moral damage: calculated in accordance with the average annual cost of living of residents in the place where the medical malpractice occurred. If it results in the death of the patient, the maximum number of years of compensation shall not exceed 6 years; if it results in the disability of the patient, the maximum number of years of compensation shall not exceed 3 years.
Article 51 The transportation, lost labor and accommodation expenses required for the close relatives of the patient participating in the medical malpractice shall be calculated with reference to the relevant provisions of Article 50 of these Regulations, and the number of persons for whom the expenses are calculated shall not exceed two.
Where a medical malpractice results in the death of a patient, the transportation, lost time and accommodation costs 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 persons for whom the costs are to be calculated shall not exceed two.