According to the provisions of Article 50 of the Regulations on the Treatment of Medical Accidents, the items of compensation for medical accidents include 11 items, which are as follows: medical expenses, lost wages, hospital meal subsidy, accompanying costs, disability living allowance, disability appliances, funeral expenses, living expenses for dependents, transportation costs, accommodation costs, and consolation money for mental damage, etc., and stipulates more clearly the calculation standard of the above compensation items and the Calculation method. The compensation items and standards stipulated are basically consistent with the provisions of Article 119 of the General Principles of Civil Law of the People's Republic of China, which formally establishes the original one-time compensation system for medical malpractice as a civil damage compensation system. However, in the specific medical malpractice treatment, how to determine the compensation program, the correct calculation of the amount of compensation, due to the current lack of relevant explanations, so that there are doctors and patients and even health administrative organs, judicial organs due to the understanding of the divergence of the situation. This article according to the background of the drafting of the regulations and legislative intent, combined with the General Principles of Civil Law and other relevant laws and regulations and judicial interpretations, on how to determine the compensation program in the medical malpractice and the calculation of the amount of compensation to discuss. Medical fee" is calculated according to the medical expenses incurred in treating the personal damage caused by the medical malpractice to the patient, and is paid on the basis of the evidence, but does not include the medical expenses of the original disease. If continued treatment is really needed after the case is closed, it shall be paid in accordance with the basic medical expenses."
Medical expenses include registration fees, examination fees, treatment fees, (Chinese and Western) medicine fees, hospitalization fees, and nursing fees at medical institutions. It is calculated on the basis of medical fee bills issued by legal medical institutions. According to the supreme people's court "on the implementation of the & lt; Chinese people's *** and the general principles of civil law & gt; some of the problems of the opinion (for trial implementation)" article 144 of the provisions of the treatment of the general should be in the place of medical malpractice in the treatment of medical institutions, without the approval of the hospital or the issuance of a certificate of the hospital and forced to transfer, unauthorized to find another hospital for treatment of the cost.