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On the compensation of the injured and disabled prosthesis

With the development of China's economy and social progress, the legitimate rights and interests of the disabled have been paid more and more attention, especially the implementation of the law on the protection of the disabled, which has effectively promoted the legal construction of safeguarding the rights and interests of the disabled. However, the formulation of specific laws and regulations can not be improved in a short time. They are often formed gradually according to the actual needs through the handling of specific cases. One example is the issue of compensation for amputation caused by accident.

In recent years, the amputees, especially the amputees of disabled children, caused by traffic accidents, electric shock injuries and work-related injuries, etc., have been constantly emerging, resulting in civil lawsuits due to the compensation for the costs of installing the prostheses. Due to the lack of clear provisions on the compensation standard of artificial limb in relevant laws and regulations, the price of artificial limb products varies greatly from place to place and from manufacturer to manufacturer, which makes the compensation amount of artificial limb for some claims and arbitrations vary greatly, resulting in dissatisfaction of both the injured party and the party causing the accident and constant petitions and appeals. More cases claim millions of yuan for the installation of prostheses, which has been sued to the Supreme People's court, becoming a hot news, causing great impact in the country. For this reason, in 1998, the Ministry of civil affairs, at the request of the court and law firm handling the case, organized some prosthetic experts to consult two patients who had undergone high-level amputation due to high-voltage electric injury, studied the standards and principles of compensation for the accident and installation of prosthetics, and put forward the following suggestions:

In order to better deal with the problem of compensation for the disabled prosthesis caused by the accident in the civil litigation, and to avoid the great difference in the amount of the certificate of the prosthesis installation cost issued by various (public, private, joint venture, foreign enterprise) prosthesis factories from their respective economic interests, the Ministry of Civil Affairs shall establish a prosthesis compensation appraisal committee. Based on the current domestic laws and regulations, the committee should fairly and fairly determine the requirements of the type, price and replacement period of the prosthesis to be installed for the patients, based on the actual needs of the amputee patients and the current level of prosthesis installation in China.

Therefore, in 1999, the Department of social welfare and social affairs of the Ministry of Civil Affairs entrusted the Research Institute of prosthetic science of the Ministry of civil affairs to take the lead in setting up the "appraisal committee of prosthetic appliance compensation costs". Up to now, the appraisal committee has appraised the compensation cost of prosthesis in dozens of cases all over the country and has been generally recognized. The composition and working procedures of the committee are as follows:

1. The "appraisal committee of prosthetic appliance compensation cost" is composed of experts from the authoritative non-profit institutions in the prosthetic industry. In consideration of the convenience of convening the appraisal meeting, the prosthetic Science Research Institute of the Ministry of Civil Affairs (including the National Technical Committee for the standardization of rehabilitation and special equipment for the disabled and the national prosthetic quality supervision and inspection center), the China Rehabilitation Research Center (including the Rehabilitation Engineering Institute), the Rehabilitation Engineering Department of the College of civil administration and cadres (including the secondary vocational school of prosthetic orthopedics technology of China) now teach It is composed of nine professional technicians, including Professor, chief physician, researcher, senior engineer and prosthetic appliance maker.

2. Scope of work: only accept the court's or law firm's entrusted appraisal of compensation for the cost of installing artificial limbs, orthotics and other auxiliary devices. Contents of appraisal: the clinical examination of the patients with mutilation, the types of instruments to be assembled, and the installation costs required -- including the unit price of the product, replacement period and daily maintenance costs, but excluding the transportation, accommodation and nursing costs during the installation.

3. Acceptance method: the court or law firm's case handling personnel shall contact the appraisal committee with the letter of authorization (or call first and then fill in the letter of authorization), only accept the case, and notify the client after confirming the specific time for holding the appraisal meeting. At the appraisal meeting, the entrusting party shall participate in the appraisal meeting by the physically disabled patient and his / her guardian (relative), the court or the law firm's case handling personnel, and shall bear the hospital's certificate and relevant litigation documents.

4. Appraisal procedure: the Research Institute of prosthetic science of the Ministry of Civil Affairs shall organize a special compensation appraisal meeting for appraisal. Each appraisal meeting shall be held with the participation of more than 5 members (including 5 members) from three units that constitute the appraisal committee; after the appraiser listens to the introduction of the client, conducts diagnosis and evaluation on the patient, the appraiser shall, in the name of the appraisal committee, issue the appraisal conclusion signed by each appraiser and stamped with the official seal of the artificial limb Scientific Research Institute of the Ministry of civil affairs.

5. Appraisal principle: ⑴ the prosthesis, orthosis and other auxiliary devices installed shall be common and applicable products. "Ordinary" products are exclusive of luxury products, and cannot pursue high quality; "applicable" requirements, on the one hand, can really play a role in functional compensation, on the other hand, meet the requirements of "stability" and "safety". In general, if domestic products are mainly installed, and there is special need for injuries but no domestic substitutes, some imported medium and high-grade materials and parts can be used as appropriate. 2. The product price is based on the "catalogue of special articles for disabled people in China" attached to the notice of the Ministry of finance, the State Administration of Taxation and the Ministry of Civil Affairs on the exemption of income tax on the production and assembly of special server enterprises for disabled people (CS [2004] No. 132), with reference to the average price of products of prosthetic production and assembly units in Beijing, and with due consideration to the objects in the area where the patients are located Price level determination. The daily maintenance cost of artificial limb products shall be calculated as 10% of the total price of the required artificial limb. (3) the specific types of prosthetics, orthotics and other auxiliary devices to be installed shall be determined after the field inspection of the patients with mutilated limbs by the experts and the collective study according to the specific conditions of the patients' bodies and limbs