(A) Compensation Items and Calculation Standards for Medical Malpractice
1. Medical Fees
Medical fees include registration fees, examination fees, treatment fees, (Chinese and Western) medicine fees, hospitalization fees, and nursing care fees at medical institutions. They are calculated on the basis of medical bills issued by legal medical institutions.
Calculation formula: the amount of compensation for medical expenses = incurred medical expenses (excluding the medical expenses of the original disease) + expected medical expenses.
2, lost wages
Lost wages are calculated according to whether the patient has a fixed income is divided into two kinds.
(1) fixed income lost wages formula: lost wages compensation amount = lost time × income standard (the patient's fixed income due to lost wages reduced).
(2) no fixed income lost wages formula: lost wages compensation amount = lost time × income standard (calculated according to the medical malpractice occurred on the ground of the year the average annual salary of employees).
3. Hospitalized meal allowance
Calculated in accordance with the standard of meal allowance for the general staff of the state organs in the place where the medical malpractice occurred.
Calculation formula: hospitalization meal allowance = hospitalization time × travel meal allowance standard for the general staff of the state organs in the place where the medical incident occurred.
4, escort fee
Patient hospitalization needs to be accompanied by a person, in accordance with the average annual salary of the employees of the previous year on the site of the medical incident.
Calculation formula: the amount of compensation for the escort fee = the number of days of escort × the number of escorts × the average annual salary of the employee on the site of the medical malpractice.
5. Living allowance for the disabled
Based on the level of disability, the compensation is calculated according to the average annual cost of living of the residents in the place where the medical malpractice occurred, and the compensation is for 30 years from the month when the disability is determined; however, for those who are 60 years of age or older, the compensation shall not be for more than 15 years; and for those who are 70 years of age or older, the compensation shall not be for more than 5 years.
The "average cost of living" refers to the amount of per capita household consumption expenditure of the previous year, as announced by the statistical department of the people's government of the place where the accident occurred.
The specific number of years or the amount of compensation shall be determined according to the patient's disability grade:
(1) Grade 1B medical malpractice (first-degree disability) is calculated for 30 years, i.e., 100%;
2) Grade 2A medical malpractice (second-degree disability) is calculated at 90% of the first-degree disability. The formula is: the average annual cost of living of residents × 30 years × 90% (disability grade coefficient, the same below);
(3)Second-class B medical malpractice (third-degree disability) is calculated at 80% of the first-degree disability;
(4)Second-class C medical malpractice (fourth-degree disability) is calculated at 70%;
(5)Second-class D medical malpractice (fifth-degree disability) is calculated at 60% Calculation;
(6) Grade 3A medical malpractice (sixth-degree disability) is calculated at 50%;
(7) Grade 3B medical malpractice (seventh-degree disability) is calculated at 40%;
(8) Grade 3C medical malpractice (eighth-degree disability) is calculated at 30%;
(9) Grade 3D medical malpractice (ninth-degree disability) is calculated at 20%;
(10) Class III E medical malpractice (tenth-degree disability) is calculated at 10%.
Calculation formula: compensation for disability living allowance = disability grade × average annual cost of living of residents in the place where the medical malpractice occurred × compensation period.
6. Disability appliances
Disability appliances include prosthetic limbs, wheelchairs, hearing aids, prosthetic eyes, dentures, wigs and eyeglasses.
If you need to configure a compensatory functional appliance, you can calculate the cost according to the cost of the universal appliance with the certificate of the medical institution.
Calculation formula: the amount of compensation for disability appliances = the cost of universal appliances.
7. Funeral expenses
Calculated in accordance with the standard of funeral expenses subsidy stipulated by the place where the accident occurred.
Calculation formula: funeral expenses compensation amount = the average monthly salary of employees in the previous year in the city × 6 months.
8, dependent living expenses
To the extent that the deceased or the disabled loss of working capacity before the actual support and unable to work, in accordance with their domicile or place of residence of the residents of the minimum subsistence standards. For those who are under 16 years of age, they will be supported until they reach 16 years of age. For those over 16 years of age but incapable of labor, support for 20 years; however, for those over 60 years of age, no more than 15 years; for those over 70 years of age, no more than 5 years.
Calculation formula: the amount of compensation for the living expenses of the dependents = the number of dependents × the minimum living standard for local residents × the number of years of support.
9, transportation costs
Transportation costs include reasonable transportation costs necessary to transfer to a hospital for treatment, generally depending on the patient's condition, the type of injury and combined with local transportation conditions. But the patient out of intentional consumption of unnecessary transportation costs, should not be included in the scope of compensation.
Calculated on the basis of the patient's actual necessary transportation expenses and paid on the basis of evidence.
Calculation formula: amount of compensation for transportation expenses = the sum of the actual necessary transportation expenses.
10, accommodation costs
Accommodation costs refers to the patient due to the transfer of hospital treatment, checkups and other reasons can not be hospitalized and can not live in the home really need to stay in the local support.
Calculated in accordance with the standard of accommodation allowance for the general staff of the state organs in the place where the medical incident occurs, and paid on the basis of documents.
Calculation formula: the amount of compensation for lodging expenses = the number of days of lodging × the standard of travel and lodging allowance for the general staff of the state organs in the place where the medical malpractice occurred.
11, moral damage consolation money
Mental damage consolation money refers to the patient and his close relatives because of medical malpractice suffered psychological or physiological pain and comfort in the form of monetary payment.
Calculated in accordance with the average annual cost of living of residents in the place where the medical malpractice occurred. If it causes the death of the patient, the maximum number of years of compensation shall not exceed 6 years; if it causes the disability of the patient, the maximum number of years of compensation shall not exceed 3 years.
Calculation formula: the amount of compensation for moral damages = the average annual cost of living of residents in the place where the medical) accident occurred x years (up to 6 years for death, up to 3 years for disability.
(B) the division of responsibility for medical malpractice
1, full responsibility, refers to the consequences of medical malpractice damage caused entirely by medical negligent behavior.
The medical institution is fully responsible, should bear 100% of all losses;
2, the main responsibility, refers to the consequences of medical malpractice damage caused mainly by medical negligence, other factors play a secondary role.
Principal responsibility, should bear 60%-90% of the total loss;
3, secondary responsibility, refers to medical malpractice damage consequences caused mainly by other factors, medical negligence plays a secondary role.
Secondary responsibility, should bear 10%-40% of the total loss;
4, minor responsibility, refers to medical malpractice damage consequences caused by other factors, medical negligence plays a minor role.
Slightly responsible, should bear no more than 10% of the total loss.