What is the most obvious difference between the definition of medical malpractice in the new regulations and the original method?
1. The most obvious difference between the original method and the new regulations on the definition of medical malpractice is that the former stipulates that to constitute medical malpractice must lead to dysfunction, and the latter stipulates that the negligence of the patient's physical damage. The new provisions of the concept of medical malpractice extends significantly wider than the original, where illegal or unauthorized medical acts of negligence caused by the patient's personal injury are medical malpractice. In the past can not be recognized as medical malpractice caused personal injury but did not cause functional impairment of medical damage, can now be defined as medical malpractice.
Regulations: the consequences of the damage does not have to reach a considerable degree, for example, pulling out the wrong tooth is also medical malpractice, the person can ask the hospital for compensation.
2. The subject of the accident is not limited to doctors, the regulations provide: the subject of medical malpractice is a medical institution and its medical staff, for example, in the patient's treatment process, because of problems with medical equipment, resulting in damage to the patient also belongs to the medical malpractice.
How is medical malpractice categorized?
Medical malpractice is divided into four levels according to the degree of damage caused to the patient's person:
First level medical malpractice: causing the patient's death and severe disability;
Second level medical malpractice: causing the patient's moderate disability, organ and tissue damage resulting in severe functional impairment;
Third level medical malpractice: causing the patient's mild disability, organ and tissue damage resulting in general Functional impairment;
Fourth grade medical malpractice: other consequences that cause obvious physical damage to the patient.
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According to you, the cut wound healing leads to activity limitation, should belong to the doctor's negligence, can be counted as medical malpractice, specific please consult with a specialized law firm, thank you
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Part I: *** have compensation items
1, medical expenses
1) medical expenses according to the medical institutions issued by the medical bills, hospitalization fees and other receipt vouchers, combined with medical records and diagnostic certificates and other relevant
evidence to determine;<
2) the amount of compensation for medical expenses shall be determined in accordance with the amount actually incurred before the conclusion of the debate in the court of first instance;
3) the expenses necessarily incurred according to the medical certificates or appraisal conclusions shall be compensated along with the medical expenses already incurred;
4) the rehabilitation expenses necessary for the recovery training of the organ function, the appropriate cosmetic surgery expenses and other follow-up treatment costs, the right to compensation
can be sued separately after the actual occurrence.
2. Lost wages
1) Lost wages are determined according to the victim's lost time and income status;
2) Lost wages are determined according to the certificate issued by the medical institution where the victim receives treatment;
3) If the victim continues to be absent from work due to disability, the time lost from work can be calculated up to one day prior to the day of the determination of disability;
4) If the victim has a regular income, the lost wages are determined according to the certificate issued by the medical institution where the victim receives treatment;
4) The victim has a fixed income. If the victim has a fixed income, the cost of lost wages shall be calculated according to the actual reduction of income;
5) if the victim has no fixed income, the cost shall be calculated according to the victim's average income in the last three years;
6) if the victim is unable to prove the victim's average income in the last three years, the cost may be calculated by referring to the average wage of the workers in the same or
similar industry of the location of the court under appeal in the previous year.
3. Nursing care fee
1) Nursing care fee shall be determined according to the income status of the nursing caregiver and the number of nursing care and the duration of the nursing care;
2) if the nursing caregiver has income, it shall be calculated with reference to the provisions on lost wages;
3) if the nursing caregiver does not have income or hires a nurse practitioner, it shall be calculated with reference to the standard of the local nursing caregiver's remuneration for the labor of the same level of care;
4) In principle, the caregiver shall be one person, but if the medical institution or appraisal organization has a clear opinion, it may refer to determine the number of caregivers
5) The period of care shall be calculated until the victim regains the ability to take care of himself/herself;
6) If the victim is unable to regain his/her ability to take care of himself/herself due to disability, a reasonable
number of caregivers may be determined according to his/her age, health condition and other factors to determine a reasonable
nursing period, but the maximum period shall not exceed twenty years;
7) the nursing care of the victim after the disability is determined shall be based on the degree of dependence on his/her nursing care and in conjunction with the dispensing of auxiliary aids for the disability
nursing care level shall be determined.
4. Hospitalized meal allowance
Hospitalized meal allowance can be determined with reference to the standard of business trip meal allowance for general staff of local state organs.
5, nutrition
Nutritional expenses
Nutritional expenses according to the victim's disability, with reference to the views of the medical institutions.
6, transportation costs
1) transportation costs are calculated according to the actual costs incurred by the victim and his/her necessary companions for medical treatment or transfer to a hospital for treatment;
2) the transportation costs shall be based on official documents, which shall be in accordance with the place, time, number of people and frequency of medical treatment.
7. Accommodation and Meal Expenses
The reasonable portion of accommodation and meal expenses incurred by the victim and his/her companions shall be compensated when the victim has a genuine need to go abroad for treatment and cannot be hospitalized for objective reasons.
8. Living Expenses for Dependents
1) The living expenses for the dependents shall be calculated according to the degree of the dependents' incapacity to work and in accordance with the standard of per capita consumption expenditure of urban residents and per capita annual living consumption expenditure of rural residents in the previous year in the place where the court under appeal is located;
2) if the dependents are minors, the expenses shall be calculated until they reach the age of eighteen;
4) if the dependent is over sixty years of age, the calculation shall be reduced by one year for each additional year of age; if the dependent is over seventy-five years of age, the calculation shall be made for five years;
9. Mental Damage Compensation
The amount of compensation for mental damage shall be determined in accordance with the following factors:
1) the degree of fault of the infringer, unless otherwise provided by law;
2) the degree of fault of the infringer, and the amount of compensation for mental damage.
2) the specific circumstances of the means, occasion, and mode of behavior of the infringement;
3) the consequences of the infringement;
4) the infringer's profits;
5) the infringer's financial ability to assume responsibility;
6) the average standard of living in the location of the court under appeal.
Part II: Compensation Items for Dead Patients
1. Funeral Expenses
Funeral expenses shall be calculated on the basis of six months' total amount according to the standard of the average monthly salary of the employees in the previous year in the place where the court under litigation is located.
2. Compensation for Death
1) Compensation for death shall be calculated in accordance with the standard of per capita disposable income of urban residents or per capita
net income of rural residents of the place where the court under appeal is located in the previous year at the rate of twenty years;
2) for those who are sixty years of age or older, the compensation shall be reduced by one year for each year of age; and for those who are seventy-five years of age or older, the compensation shall be calculated at the rate of five years.
3. Other
Other reasonable expenses such as transportation, accommodation and loss of lost labor incurred by the victim's relatives for the funeral.
Third, the disabled compensation program
1, disability compensation
1) disability compensation according to the degree of the victim's loss of ability to work or disability grade, according to the location of the court in accordance with the previous year
degree of per capita disposable income of urban residents or per capita net income of rural residents standard, from the date of determination of disability is calculated by twenty years;
(2) If the victim is over sixty years of age, the amount shall be reduced by one year for each additional year of age; if the victim is over seventy-five years of age, the amount shall be calculated according to five years;
(3) If the victim is disabled as a result of the injury, but the actual income has not been reduced, or if the grade of the disability is relatively mild, but it has caused occupational nuisance and has seriously affected the victim's
labor and employment, the compensation for the disability may be adjusted accordingly.
2. Disability Auxiliary Apparatus Fee
1) The disability auxiliary apparatus fee is calculated in accordance with the reasonable cost standard of the ordinary applicable apparatus;
2) If there is special need for the injury, the reasonable cost standard can be determined with reference to the opinion of the auxiliary apparatus dispensing organization;
3) The replacement cycle of the auxiliary apparatus and the period of compensation shall be determined with reference to the opinion of the dispensing organization.
3. Handling of expenses for patients surviving beyond the compensation period
1) If the compensation right holder sues to the
people's court to request for the continuation of the payment of nursing care, auxiliary apparatus or disability compensation beyond the determined period of nursing care, auxiliary apparatus or disability compensation, the people's court shall accept the case;
2) The compensation right holder has a genuine need for the continuation of nursing care, auxiliary apparatus or disability compensation;
3) The replacement period of auxiliary apparatus and the reasonable expenses are determined with reference to the opinion of the dispensing organization. If the person really needs to continue nursing care or dispensing auxiliary aids, or has no labor capacity or source of livelihood, the people's court
shall order the person liable for compensation to continue to pay the relevant expenses for five to ten years.
4. Other
The compensation obligor shall also compensate for the necessary rehabilitation, nursing care, and follow-up treatment costs actually incurred as a result of the rehabilitative care and continued treatment.
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The exact amount of compensation should depend on the degree of your personal injury
You can consult a local law firm
They will help you calculate it clearly