Lost time: if the patient has a fixed income, it shall be calculated according to the fixed income reduced by his absenteeism, and if the income exceeds three times the annual average salary of employees on the ground where the medical accident occurred, it shall be calculated according to three times; 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.
Nursing expenses: determined according to the income of nursing staff, the number of nurses and the nursing period.
If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference.
The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years.
After the victim is disabled, the nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS.
Legal basis: Article 50 of the Regulations on Handling Medical Accidents shall be calculated according to the following items and standards.
(1) The medical expenses shall be calculated and paid according to the medical expenses incurred in the treatment of personal injuries caused by medical accidents, but excluding the primary medical expenses. If it is really necessary to continue treatment after closing the case, it shall be paid according to the basic medical expenses.
(2) If the patient who missed work has a fixed income, it shall be calculated according to the fixed income reduced by himself due to missed work, and if the income exceeds three times the average annual salary of employees on the ground where the medical accident occurred, it shall be calculated according to three times; 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 is calculated according to the standard of food allowance for ordinary staff of state organs in the place where the medical accident occurred.
(4) If the patient needs special escort during hospitalization, it shall be calculated according to the annual average salary of employees on the ground where the medical accident occurred.
(five) according to the level of disability, the disability living allowance is calculated according to the average annual living expenses of residents in the place where the medical accident occurred, and the maximum compensation is 30 years from the month of disability; However, those over 60 years old shall not exceed 15 years old; More than 70 years of age, not more than 5 years.
(six) the cost of appliances for the disabled needs to be equipped with compensation functional appliances because of disability, and it shall be calculated according to the cost of universal appliances with the certificate of medical institutions.
(seven) the funeral expenses shall be calculated according to the funeral expenses subsidy standard stipulated in the place where the medical accident occurred.
(eight) the living expenses of the dependents shall be limited to the actual dependents of the deceased or the disabled before they lose their ability to work, and shall be calculated according to the minimum living standard of the residents in their domicile or residence. 16 years old, raised to 16 years old. Those who have reached the age of 16 but have no ability to work will be supported for 20 years; However, those over 60 years old shall not exceed 15 years old; More than 70 years of age, not more than 5 years.
(nine) the transportation fee is calculated according to the actual necessary transportation fee of the patient, and paid by the evidence.
(ten) the accommodation fee is calculated according to the standard of accommodation allowance for the general staff of the state organs where the medical accident occurred, and paid according to the credentials.
(eleven) the compensation for mental damage is calculated according to the average annual living expenses of the residents in the place where the medical accident occurred. If the patient dies, the compensation period shall not exceed 6 years at the longest; Disabled, the compensation period shall not exceed 3 years.