1. medical expenses: according to the personal injury caused by the medical accident to the patient, calculate the medical expenses incurred in the treatment and issue a certificate, but excluding the medical expenses of the primary disease. If it is really necessary to continue treatment after the end, it will be paid according to the basic medical expenses.
2. Incorrect labor expenses: if the patient has a fixed income, the income will be more than 3 times of the average annual salary of the employees on the ground where the medical accident occurred according to the fixed income reduced by his own wrong labor; If there is no fixed income, it shall be calculated according to the average annual salary of employees on the ground where the medical accident occurred.
3. Hospitalization food allowance: calculated according to the standard of food allowance for ordinary employees of state organs where medical accidents occur.
4. Nursing expenses: if the patient needs the care of the person in charge during hospitalization, it shall be calculated according to the average annual salary of the employees on the ground where the medical accident occurred.
5. Disability living allowance: according to the disability level and the average annual living expenses of residents in the place where the medical accident occurred, the maximum compensation is 30 years from the regular disability month, but over 60 years old, and 15 years does not exceed 70 years old and does not exceed 5 years.
6. Expenses for disabled appliances: If it is necessary to configure compensation functional appliances due to disability, the medical institution shall issue a certificate and calculate it according to the expenses for universal appliances.
7. Funeral expenses: calculated according to the subsidy standard of funeral expenses stipulated in the place where the medical accident occurred.
8. Dependent's living expenses: The living expenses are calculated according to the minimum living standard of the residents in the domicile or residence, and are limited to the actual dependents before the deceased or the disabled lose their labor force. 16 years old, raised to 16 years old. Those who have reached the age of 16 but have no labor force will be raised for 20 years, those who have reached the age of 60 will not exceed the age of 15, and those who have reached the age of 70 will not exceed 5 years.
9. Transportation expenses: calculated according to the actual transportation expenses of patients, and paid by vouchers. 10。 Accommodation fee: calculated according to the standard of accommodation allowance for ordinary employees of state organs where medical accidents occur, and paid by vouchers.
1 1. Compensation for mental damage: calculated according to the average annual living expenses of residents in the place where the medical accident occurred. If the patient dies, the compensation period shall not exceed 6 years, and if the patient is disabled, the compensation period shall not exceed 3 years.
Misdiagnosis, that is, because the observation and examination are not in place and the medical staff are not careful, leads to missed diagnosis or misdiagnosis. The purpose of diagnosis is to determine the nature of the disease, and then choose targeted and timely treatment to make the disease better. Therefore, an incorrect diagnosis is considered wrong, and an untimely and incomplete diagnosis is also considered wrong.
There should be a relative standard to judge whether a disease is misdiagnosed, just like diagnosing a disease. However, due to the complex causes of misdiagnosis, involving not only medical personnel and medical equipment, but also the particularity of patients and diseases themselves, it is difficult to formulate an accurate standard for judging whether to misdiagnose. Referring to the reports of misdiagnosed cases in various magazines and the theoretical research on misdiagnosis, this paper puts forward the following relative standards for clinical reference: misdiagnosis occurs after the diagnosis process, the timeliness of misdiagnosis, misdiagnosis leads to mistreatment, and misdiagnosis does not mistreat treatment.
The above is compensation for misdiagnosis.
Legal basis:
Article 12 18 of the Civil Code of People's Republic of China (PRC).
If the patient is damaged in the diagnosis and treatment activities, and the medical institution or its medical staff is at fault, the medical institution shall be liable for compensation.
Article 12 19 of the Civil Code of People's Republic of China (PRC).
Medical personnel should explain the condition and medical measures to patients in medical activities. If surgery, special examination and special treatment are needed, the medical staff shall explain the medical risks and alternative medical schemes to the patients in a timely manner, and obtain their clear consent; If it is impossible or inappropriate to explain it to the patient, it shall explain it to the patient's close relatives and obtain their clear consent.
Medical institutions shall be liable for compensation if medical personnel fail to fulfill the obligations stipulated in the preceding paragraph and cause damage to patients.