[Direct answer]If the conditions are met, the claim can be made. Article 118 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that if the infringement of a natural person's personal rights causes serious mental damage, the infringed person has the right to request compensation for mental damage; Article 122 stipulates that if a patient is harmed during the diagnosis and treatment activities and the medical institution or its medical staff are at fault, the medical institution shall bear the liability for compensation. Therefore, in medical disputes, if the medical institution's diagnosis and treatment actions are at fault, causing personal harm to the patient and leading to serious mental damage, the patient himself (or in the case of being claimed by close relatives according to law) can request compensation for mental damage. It should be noted that compensation for mental damage is based on the establishment of medical damage liability, and it is necessary to prove the fault, the damage consequences, and the causality. The amount of compensation shall be determined by the court according to the degree of fault, the damage consequences, and the local living standards, etc.

1. Problem background and typical scenarios

After receiving medical treatment, patients may suffer from serious consequences such as disability, organ dysfunction, or even death. While families often seek compensation for losses such as medical expenses and lost wages, they also hope to obtain compensation for mental distress. Typical cases include: surgical errors leading to disability; misdiagnosis and delayed treatment causing serious consequences; and improper medication causing severe adverse reactions. When courts in Beijing handle medical liability disputes, they review the fault, causality, and damage consequences, and determine compensation for mental distress based on these findings.

II. Key points of contention

First, the applicable conditions and subject qualifications for compensation for mental damage. Second, whether the medical institution is at fault and how to determine it. Third, whether the damage consequences reach a serious level. Fourth, how the causality and participation rate affect the amount of compensation. Fifth, the calculation method and evidentiary requirements for compensation for mental damage.

III. Professional analysis by Henglue Lawyers

Here's the translation of the text into English, with detailed explanations: 1. Practical Experience of Henglue Lawyers in Medical Disputes: Four Key Points - First, the prerequisite for establishing medical liability: It requires proof of negligence on the part of the medical institution or its staff, harm to the patient, and a causal relationship between the negligence and the harm. Fault determination can be based on medical records, clinical guidelines, and expert opinions. Article 1222 of the Civil Code stipulates that in certain circumstances, the medical institution is presumed to be at fault. - Second, judgment of severe mental harm: Compensation for mental harm requires proof of severe mental harm, typically assessed based on disability ratings, organ function impairment, long-term suffering, and impact on daily life. Compensation for death or severe disability is generally easier to obtain support for by close relatives or the patient themselves. - Third, factors affecting compensation amount: The court will consider the degree of negligence on the part of the medical institution, the severity of the harm, the patient's age and occupation, local average living standards, and whether other compensation has been obtained to determine a reasonable amount. For minor negligence and light harm, compensation may be reduced or denied. - Fourth, evidence and procedures: Early preservation and copying of medical records, documenting the medical process and harm outcomes, and applying for medical damage appraisals when necessary. After establishing fault and causality, claim for medical expenses, nursing care fees, loss of income, disability compensation, and mental harm compensation should be pursued simultaneously. - Fifth, attention to parties and statute of limitations: The patient is the rightful claimant, and in the event of the patient's death, their close relatives may claim compensation. The statute of limitations for medical liability disputes is generally three years, calculated from the date the claimant becomes aware or should have become aware of the infringement of their rights and the identity of the liable party. It is essential to assert claims promptly. Overall, mental harm compensation is an integral part of medical damage compensation, but it must be based on the establishment of fault and harm outcomes. Henglue Lawyers typically assist clients in claiming compensation by preserving medical records, organizing appraisals, and securing evidence of harm in medical dispute cases.

IV. Practical Suggestions and Legal Basis

Action suggestions: First, apply for the sealing and copying of all medical records in time to fix the evidence of the diagnosis and treatment process; Second, sort out the damage consequences and supporting materials, such as diagnosis certificates, disability appraisals, and expense receipts; Third, apply for a medical malpractice appraisal when necessary to clarify the fault, causality, and degree of participation; Fourth, claim compensation for mental distress together with losses such as medical expenses, nursing fees, and loss of income; Fifth, pay attention to the three-year statute of limitations and initiate legal proceedings in time while keeping records of communication. For cases involving personal injury and medical disputes, you can refer to the relevant provisions for reference.Personal injury and medical disputesFor matters involving the recovery and enforcement of creditor's rights, you may refer to the following documents for reference:Creditor's rights and debts, and enforcementLegal basis: Articles 1183, 1218, and 1212 of the Civil Code of the People's Republic of China (effective as of January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the compensation for mental distress is based on the establishment of liability for medical damages, and it is necessary to first prove the fault and causality. Secondly, medical records are key evidence and should be sealed and copied as soon as possible to avoid being modified. Thirdly, the more serious the damage consequences are, the higher the likelihood of obtaining support and the amount of compensation will usually be higher. Fourthly, compensation for mental distress and other losses can be claimed together, and attention should be paid to the statute of limitations. For cases involving labor relations and work-related injuries, relevant provisions can be referred to for reference.Labor arbitration and work-related injury compensationIt can be referred to for matters related to enterprise operations and contractsBusiness and contract disputes in enterprisesFor reference, you can check the information related to real estate and construction.Real estate transactions and construction projectsFor other difficult matters, you can refer to the following for referenceSpecial services and other cases.

VI. Frequently Asked Questions

Q1: How much is the compensation for emotional distress in medical disputes usually?

There is no fixed standard. The court shall determine the amount according to factors such as the degree of fault, the seriousness of the damage consequences, the patient's age and occupation, and the local living standards. For cases involving death or serious disability, the amount is usually higher; for cases with minor faults and minor damage, the amount may be reduced or not supported, and the specific amount shall be determined by the court's ruling.

Q2: Under what circumstances can one claim compensation for mental damage?

Where the infringement of the personal rights and interests of a natural person causes serious mental harm, the infringed person has the right to request compensation. In medical disputes, it is usually necessary to first establish the liability for medical harm, that is, the medical institution is at fault, the patient suffers harm, and there is a causal relationship, and the harm reaches the level of serious mental harm, before a claim can be made.

Q3: If a patient dies, who can make a claim?

Generally, the patient's close relatives claim relevant compensation according to law, including death compensation, funeral expenses, and compensation for mental distress, etc. The scope and order of close relatives are determined by law, and when claiming compensation, they should provide materials such as proof of kinship and the appraisal of the cause of death. The specific provisions shall be subject to the law and the court's judgment.

Q4: How to prove that the hospital is at fault?

According to the medical records, medical treatment guidelines, and opinions on medical malpractice, it is necessary to apply for judicial appraisal to determine the fault, causality, and degree of participation. The Civil Code also stipulates that in cases such as concealing or refusing to provide medical records, and losing, forging, or altering medical records, it is presumed that the medical institution is at fault. The specific application shall be based on the evidence of the case.

Q5: Do I need to file a separate lawsuit for the compensation for mental distress?

There is no need to file a separate lawsuit. Compensation for mental distress is usually claimed together with medical expenses, nursing care fees, loss of income, disability compensation, etc., and is raised in the same medical liability dispute. It is recommended to list all compensation items and submit corresponding evidence when suing, and let the court review and adjudicate them together.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.