Legal analysis: the cost of using drugs in the "Class A list" is paid for by the basic medical insurance fund in accordance with the regulations; the cost of drugs in the "Class B list" is paid for by the insured person who pays a certain percentage of the cost out of pocket, then paid for in accordance with the regulations of the basic medical insurance. Class C medicines are completely self-financed. And the state has formulated relevant regulations on medical malpractice compensation.
Legal basis: "Regulations on the Treatment of Medical Accidents"
Article 46 In the event of a dispute over civil liability such as compensation for medical malpractice, the doctor and patient may consult to resolve the dispute; if they are unwilling to consult or if the consultation fails, the parties concerned may submit an application for mediation to the administrative department of health, or they may bring a civil lawsuit directly to the people's court.
Article 47 of the parties to resolve the civil liability disputes such as compensation for medical malpractice, shall make an agreement. The agreement shall set out the basic situation of the parties and the cause of the medical incident, the parties *** with the determination of the level of medical malpractice and the amount of compensation determined by negotiation, and signed by both parties on the agreement.
Article 48 has been determined to be medical malpractice, the health administrative department shall medical malpractice disputes between the two parties request, can be mediated medical malpractice compensation. Mediation, shall follow the principle of voluntariness of both parties, and shall be based on the provisions of these regulations to calculate the amount of compensation. After mediation, the parties to reach an agreement on the amount of compensation, the production of mediation, the parties shall fulfill; mediation fails or mediation agreement after a party to repent, the administrative department of health is no longer mediation.
Article 49 of the medical malpractice compensation, shall take into account the following factors, to determine the specific amount of compensation: (a) the level of medical malpractice; (b) the degree of responsibility for medical negligence in medical malpractice damages; (c) medical malpractice damages and the patient's pre-existing condition of the relationship between the state 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 excluding the medical expenses for 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. (ii) Lost wages: if the patient has a fixed income, it shall be calculated in accordance with his/her fixed income reduced by lost wages, and if the income is higher than three times the average annual wage of the employees in the previous year on the site of the medical malpractice, it shall be calculated in accordance with three times; if the patient does not have a fixed income, it shall be calculated in accordance with the average annual wage of the employees in the previous year on the site of the medical malpractice. (c) Hospitalized meal allowance: calculated in accordance with the standard of business trip meal allowance for general staff of state organs in the place where the medical malpractice occurred. (d) Accompanying fee: if the patient needs to be accompanied by a person during hospitalization, the fee shall be calculated according to the average annual salary of the employee in the year of the place where the medical malpractice occurred. (e) 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 when the disability is determined; however, if the patient is over 60 years of age, no more than 15 years; if the patient is over 70 years of age, no more than 5 years. (vi) Disability appliances fee: if the disability requires the allocation of compensatory functional appliances, with the certificate of the medical institution, the fee shall be calculated according to the cost of the popularized appliances. (vii) Funeral expenses: calculated in accordance with the funeral expense subsidy standard stipulated in the place where the medical incident occurred. (viii) Living expenses for dependents: calculated in accordance with the minimum living standard of the residents in the place of domicile or residence, subject to the limit of the person who actually supported the deceased during his/her lifetime or the disabled person before he/she lost his/her ability to work and did not have the ability to work. 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, for those who are 60 years of age or older, no more than 15 years; and for those who are 70 years of age or older, no more than 5 years. (ix) Transportation expenses: calculated according to the actual necessary transportation expenses of the patient, and paid by voucher. (j) Accommodation expenses: calculated in accordance with the standard of business trip accommodation allowance for 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 six years; if it results in the disability of the patient, the maximum number of years of compensation shall not exceed three 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. If the medical malpractice results in the death of the patient, the transportation, lost labor 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.
Article 52 The compensation costs for medical malpractice shall be settled in one lump sum and paid by the medical institution which bears the responsibility for the medical malpractice.