Medical malpractice lawyers how to charge

1, less than 100,000 yuan part (including 100,000 yuan) of the fee rate of 5%, the fee less than 2,000 yuan per case charged at 2,000 yuan. 2, 100,000 to 500,000 yuan part (including 500,000 yuan) of the fee rate of 4%. 3, 500,000 to 1,000,000 yuan part (including 1,000,000 yuan) of the fee rate of 3%. 4, 1,000,000 to 5,000,000 yuan part (including 5,000,000 yuan) of the fee rate of 2%.

A medical malpractice lawyer is how to charge

(a) Consultation:

Consultation 200-500 yuan per piece. Once the lawyer accepts the formal commission, the consultation fee can be offset against the corresponding attorney's fee.

(B) on behalf of personal injury compensation, medical disputes and other civil and commercial cases:

2%-5% of the amount of money involved in the case. Domestic cases a minimum of 5,000 yuan; foreign cases a minimum of 10,000 yuan.

(C) the second instance of the case:

1, has not represented the first instance of the case, the agency fee charged in accordance with the standards of the first instance;

2, has represented the first instance of the case, the agency fee charged in accordance with the standards of the first instance of the 1/2;

3, representation of the second instance of the case after the return to the second instance of the case, the fee charged in accordance with the standards of the second instance of the 1/2.

(d) Representation of complaint cases:

1, when signing the contract for hiring lawyers, the first 5,000-20,000 yuan of fees;

2, the people's court ruled that the retrial, and then in accordance with the first trial of the corresponding cases of the fees charged by the standard representation fee.

(v) Lawyer's letter:

1000-3000 yuan per piece.

(F) writing legal documents:

500-2000 yuan per piece.

Two, how to apply for medical malpractice appraisal

1, the time of medical malpractice appraisal

China's "Regulations on the Handling of Medical Accidents" stipulates that: the patient and his family members, from the date when they knew or should have known that their health and life was damaged, within one year, can To the administrative department of health, medical institutions to apply for medical malpractice dispute handling. This provision is the same as the statute of limitations for medical malpractice disputes under China's litigation law. The reason why the law stipulates this is to make the medical malpractice appraisal and the medical dispute litigation converge in time. Not to make the identification and litigation time disconnect, so that the health administrative department and the court can be more efficient in dealing with medical disputes.

Therefore, patients and their families in the clear initiative of their personal rights are violated from the time, should make a timely decision, whether to resolve the medical dispute through legal channels, otherwise, do not because of the time delay, miss the time to apply for identification.

2, medical malpractice appraisal of the application of the proposed

If a medical dispute, the patient and his family and the medical institutions through consultation, *** with the commission of the medical association for medical malpractice appraisal, the two parties can *** with the local health administrative department for medical malpractice appraisal procedures. After arriving at the medical association, you will need to fill out the relevant forms, proof of mutual identity documents and so on. If one of the parties is not willing, or not able to arrive at the scene for formalities, you can submit to show willingness to pass the medical malpractice appraisal, and the other party to the consensus of the written materials. This is the case of both parties *** together to apply for medical malpractice appraisal.

3, the acceptance of medical malpractice appraisal

The administrative department of health from the date of receipt of medical malpractice disputes within 10 days of the date of acceptance of the review, and make a decision on acceptance. To meet the identification requirements, to be accepted; do not meet the conditions of acceptance, inadmissible, and shall notify the applicant in writing and explain the reasons. The health administrative department accepts and considers the need for technical appraisal of medical accidents, should be accepted from the date of the decision within five days from the relevant materials to the medical association responsible for technical appraisal of medical accidents, the organization appraisal and notify the applicant in writing. That is to say, whether the acceptance of the first health administrative department review, review and then forwarded to the medical association.

In the process of medical malpractice disputes, if you need to hire a professional medical malpractice lawyer to help them, you should first understand clearly medical malpractice lawyers how to charge, and also know how to choose the lawyer to entrust the relevant disputes. After all, not all lawyers are good at dealing with medical disputes, so be careful when choosing a lawyer.