How to find a hospital to lose money when there is a medical accident in medical beauty

How to find a hospital to lose money when there is a medical accident in medical beauty

How to find a hospital to lose money when there is a medical accident in medical beauty? Nowadays, many girls will choose to go to a beauty hospital for cosmetic surgery in order to become beautiful. Some even go to plastic surgery hospitals for cosmetic surgery, and there are often cosmetic medical accidents. The following is about how to find a hospital to lose money when there is a medical accident in medical beauty.

How to find a hospital to pay for a medical accident in medical beauty 1 According to the relevant laws and regulations of our country, if cosmetic surgery fails and causes medical damage, patients can negotiate compensation with medical institutions. If negotiation fails, the patient can sue to the court for compensation. The specific amount of compensation depends on the project.

I. Compensation standard for plastic surgery failure

1. Plastic surgery failure belongs to medical damage liability dispute. If medical institutions and medical staff are at fault, they can sue the hospital, return the operation expenses and demand compensation. Specific compensation items include: medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, nutrition expenses, as well as disability compensation, dependents' living expenses, spiritual damages and so on.

2. For the specific calculation method, you can search "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases" on the Internet, refer to Article 17 and related clauses, and combine your own actual calculation.

If you don't have a fixed income, you can calculate it according to your average income in the last three years.

4. If you can't prove the average income in the last three years, you can calculate it according to the average income of the same industry or similar industries in your area last year, specifically according to the standards issued by the statistics department.

legal ground

Article 12 18 of the Civil Code: If a patient is damaged in the process of diagnosis and treatment and a medical institution or its medical staff is at fault, the medical institution shall be liable for compensation. (The effective date of the Civil Code is 202 1 1 1)

Secondly, I would like to remind consumers of the following issues:

1, before the operation, you must go through relevant procedures, such as signing a cosmetic agreement, having the hospital stamp its official seal, and the person in charge sign it, and asking for an invoice or receipt of cosmetic expenses with official seal. These are all necessary evidence for safeguarding rights in the event of disputes in the future.

2. Keep the short message record between the victim and the hospital, and record the conversation when necessary as evidence to prove the failure of the operation after the dispute arises.

3. Choose appropriate legal channels to protect rights. If the effect of the operation is not satisfactory, which constitutes disability, you can apply for judicial expertise, ask for a refund of the operation fee, and ask for lost time and disability compensation. If obvious harm is caused, consumers can choose to sue for infringement. In addition to the above compensation items, they can also claim compensation for mental damage.

4. Remind consumers to choose a regular hospital for cosmetic surgery, and the risk will be reduced.

Negotiator is a website with the theme of legal consultation, which mainly provides answers to hot issues such as marriage, real estate, labor, medical care, enterprises and property rights. If there are questions about marriage, labor, real estate, medical care, enterprises, property rights, etc. They will go to the negotiation expert website for legal consultation on medical disputes.

How to find a hospital to lose money when a medical accident occurs in Medical Beauty 2? How to deal with medical accidents in beauty?

For the way of handling cosmetic medical accidents, the parties may apply to the administrative department of health for technical appraisal of medical accidents, and the administrative department of health needs technical appraisal of medical accidents after receiving the report of major medical negligence of medical institutions or the application for handling medical accidents disputes put forward by the parties involved in medical accidents.

It shall be submitted to the medical association responsible for the technical appraisal of medical accidents for appraisal; Medical malpractice disputes need to be identified through consultation between doctors and patients, and the medical association responsible for technical identification of medical malpractice shall be entrusted by both parties to organize the identification.

Second, where is the beauty medical accident?

First look at the organizational nature of the other party. If it is only industrial and commercial registration, then take the industrial and commercial administrative way or the judicial personal tort way. If it is a qualified medical institution, take the way of medical accident or medical lawsuit from the Health Bureau.

3. What is the appraisal procedure for cosmetic medical accidents?

The appraisal procedure of cosmetic medical accidents is the same as that of general medical accidents.

Medical accident identification procedures are carried out in accordance with the following procedures:

The appraisal shall be presided over by the expert appraisal team leader and carried out according to the following procedures:

(1) Both parties shall separately state their opinions and reasons within the specified time. State the patient order first, and then state the medical institution;

(two) the members of the expert appraisal group may ask questions as needed, and the parties concerned shall truthfully answer them. When necessary, the patient can be examined on the spot;

(3) withdrawal by both parties;

(four) the expert appraisal group to discuss the written materials, statements and arguments provided by both parties;

(five) after collegial panel, according to the unanimous opinion of more than half of the members of the expert appraisal group, the appraisal conclusion is formed. The members of the expert appraisal group shall sign the appraisal conclusion. The different opinions of the members of the expert appraisal group on the appraisal conclusion shall be indicated.

The above is the relevant content of how to deal with cosmetic medical accidents compiled by the Legal Express. To sum up, we know that some plastic surgery hospitals are not regular now, and some plastic surgery hospitals do not even have business licenses, which are unlicensed. It can be seen that the probability of medical accidents in cosmetic surgery is still very high. If you have any other questions, you can also consult the Legal Express.

How to find a hospital to lose money when there is a medical accident in medical beauty? 1. What is the compensation standard for medical cosmetic accidents?

The compensation standard for medical beauty accidents is illegal.

Regulations on the handling of medical accidents

Forty-ninth medical accident compensation, should consider the following factors, determine the specific amount of compensation:

(a) the level of medical accidents;

(two) the degree of responsibility of medical negligence in the consequences of medical accident damage;

(three) the relationship between the consequences of medical accident damage and the patient's original disease status.

If it is not a medical accident, the medical institution shall not be liable for compensation.

Fiftieth medical accident compensation shall be calculated according to the following items and standards:

(1) Medical expenses: calculated according to the medical expenses incurred in treating personal injuries caused by medical accidents, and paid according to the evidence, but excluding the medical expenses of the primary disease. If it is really necessary to continue treatment after closing the case, it shall be paid according to the basic medical expenses.

(2) Lost time: if the patient has a fixed income, it will be calculated according to the fixed income reduced by his absenteeism, and if the income exceeds three times the average annual salary of the employees in the place where the medical accident occurred, it will 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: calculated according to the standard of food allowance for ordinary staff of state organs in the place where the medical accident occurred.

(4) Escort fee: 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.

(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 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.

(6) Disability appliance fee: If it is necessary to configure compensation functional appliances due to disability, it shall be calculated according to the universal appliance fee with the certificate of medical institution.

(7) Funeral expenses: calculated according to the subsidy standard of funeral expenses stipulated by the place where the medical accident occurred.

(8) Living expenses of dependents: limited to those actually supported by the deceased or disabled before they lose their ability to work, and calculated according to the minimum living standard of 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.

(9) Transportation expenses: calculated according to the transportation expenses actually needed by patients, and paid by credentials.

(X) Accommodation fee: calculated according to the standard of accommodation allowance for general staff of state organs in the place where the medical accident occurred, and paid by credentials.

(11) Spiritual damages: 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 at the longest; Disabled, the compensation period shall not exceed 3 years.

Second, how to deal with the dispute over compensation for medical beauty accidents?

Regulations on the handling of medical accidents

Article 46 Civil liability disputes such as medical malpractice compensation can be resolved through consultation between doctors and patients. Unwilling to negotiate or if negotiation fails, the parties may apply to the administrative department of health for mediation, or directly bring a civil lawsuit to the people's court.

Article 47 If both parties settle civil liability disputes such as medical malpractice compensation through consultation, they shall reach an agreement. The agreement shall specify the basic information of both parties, the cause of the medical accident, the level of medical accident recognized by both parties and the amount of compensation determined through consultation, and shall be signed by both parties.

Forty-eighth has been identified as a medical accident, the administrative department of health at the request of both parties to the dispute of medical accident, medical accident compensation mediation. Mediation should follow the principle of voluntariness of both parties, and the amount of compensation should be calculated in accordance with the provisions of these regulations.

If the two parties reach an agreement on the amount of compensation through mediation, a mediation agreement shall be made and both parties shall perform it; If mediation fails or one party reneges after reaching an agreement through mediation, the health administrative department will no longer mediate.

Strictly speaking, medical accidents are also medical accidents, and the compensation standards after medical accidents cannot be generalized at all. The simplest legal common sense is that the compensation standards will definitely be different because of the different consequences of the damage caused by medical accidents, and the compensation standards for the disability and death of patients will not be the same.