GUANG DONG SHANGDA (FU TIAN) LAW FIRM
Case
 
Details

Traffic accident compensation for medical expenses burden Guidelines

Add Date:2015/7/1 Hits:1840 Font Size:S M L BACK
After a traffic accident victims need to go to medical institutions for treatment, resulting in medical costs. Medical expenses is mainly used for personal means to check a person's body after suffering damage on accepted medical treatment and rehabilitation costs must. Including: registration fees, medical expenses, medical expenses, surgical fees, inspection fees, hospital charges, fees and internal organs of alternative fixed equipment costs, reoperation fees, generally where the largest proportion of medical expenses, which amount is the highest . Calculate medical expenses, according to the judicial interpretation of the relevant provisions, medical expenses according to medical expenses issued by medical institutions, hospital fees receivable certificates, medical records and diagnosis combined with other relevant evidence to prove.

General principles determine the amount of medical expenses is based on lawful payment vouchers provided by hospitals, document display is the amount of medical expenses. It should be noted, charge voucher here is in line with national financial management and legal credentials, if not a legitimate way to obtain credentials charges, the court is likely to evidence does not prove medical expenses dismissed the request for medical expenses. For example, a party drug in black or dark spot treatment clinics, the lack of legal fees credentials, only the person handling the receipt, the evidence does not have sufficient evidence.

On reasonable costs, the evidence of medical expenses is mainly medical institutions charge receipts, prescriptions, medical advice and disease diagnosis proved so forth. In determining the amount of medical expenses, with particular attention to evidence of both consistency, that consistency and coherence disease diagnosis and prescription item fee receipts and prescriptions. The former refers to the expenses of medical expenses shall comply with doctors in treatment programs, rather than the patient to decide how or whether to buy medicine hospital. The latter refers to the hospital's diagnostic program and consistent with the patient's condition in itself, not a light ill, the treatment regimen was significantly more than the general medical knowledge, such as only a minor injury, but the hospital's treatment program has included a long-term hospitalization, several expensive diagnostic equipment, etc., resulting in high costs of these medical expenses request may be rejected by the court.

In litigation practice, indeed widespread problem of irrational medical expenses. One from the victim, the claims due to the presence of psychological, medical expenses do not care, psychologically more drugs, a good medicine, some one wounded family health; or the presence of psychological punishment, deliberately expand unreasonable expenditure on subjective purpose main obligation is to pay the costs, in order to achieve the purpose of punishment other; and our medical institutions are not sound, is another important cause of medical expenses unreasonable. As we all know, medical expenses due to a dispute over revenue is a very important one hospital income, many hospitals simply economic, medical neglect principle, more sell drugs, more checks to obtain greater benefits. Many new drugs, and there are rebate checks, prompting the doctors in the use of new drugs as much medication, do check to earn a rebate, lends itself to get more benefits.
Up: war JDB Wong Lo Kat and the full resolution
Next: Lost income compensation for evidence in the index
© 2005 - 2020 GUANG DONG SHANGDA (FU TIAN) LAW FIRM. All Rights Reserved