During treatment of nursing on the calculation method, the Supreme Court "on the trial of personal injury compensation cases applicable to a number of issues of interpretation" of Article 21, determined in accordance with nursing care, income status and number of nursing period. Nurses have income, calculated by reference to the provisions of the lost income; no income or employment nursing care workers with reference to local care workers engaged in the same level of labor remuneration standards of care computing. On the principle of one person for the nursing staff, but the identification of medical institutions or agencies have a clear opinion, you can reference to determine the number of nursing staff.
Calculation nursing during treatment has three basic parameters: the income status of nursing staff, nursing staff and nursing period. Three product data is required to compensate the victims of nursing. Each of the above parameters are required evidence to prove the party.
The first is to determine the number of care. Nurses principle is one person, identified medical institutions or agencies have a clear opinion, the court may refer care which determines the number of two or more. The so-called principle of one person, that is, courts generally calculated according to a person care, even if in fact there may be many people involved in the care, the Court finds that at the time of care, a person can only prevail. Therefore, if the parties argue that only a person of care, you do not need to provide evidence that it was participating in the care, treatment requires knowledge of life belong to someone else to take care of, but the care of people, either to hire nurses, either with relatives or friends of victims exist relations, not to much to care, and deliberately did not advocate a relationship with the victim of the high-income people. If two or more parties claim the caregiver, you need to clear the views of medical institutions or accreditation bodies. In general, the more severe the victim's injuries, caregivers may require more than one person, whether it is necessary to make more judgments from the above agencies in accordance with the actual situation of the patient. The court may refer its opinion to determine the number of nursing.
