[Direct answer]In the Beijing area, if a patient is rendered incapable of self-care due to medical harm and requires long-term care, they shall first be assessed as completely, largely, or partially dependent on care according to the "Assessment of Dependence on Care for Personal Injuries" (GB/T 31147-2014, implemented on January 1, 2015). The nursing fee shall be calculated based on the labor remuneration standard for caregivers at the same level in the jurisdiction of the sued court, combined with the number of caregivers and the duration of care. Generally, complete dependence on care is calculated at 100%, largely at 80%, and partially at 50%. According to Article 1179 of the Civil Code of the People's Republic of China, nursing fees are included in the scope of compensation for personal injuries. It is recommended to fix the level of dependence on care through appraisal to avoid exceeding the three-year statute of limitations for litigation. For more details, please refer to the following link:Personal injury and medical dispute services.

1. Problem background and typical scenarios

Although some medical damages do not directly lead to death or disability, they cause patients to lose the ability to care for themselves for a long time, and their families are trapped in a dilemma of "the patient is alive, but the care is heavy and the cost is endless". Typical scenarios include: brain damage and spinal cord injury leading to paralysis requiring others to feed and turn over; tracheotomy or vegetative state requiring continuous professional care; postoperative complications leading to incontinence of urine and feces and long-term bedriddenness. The compensation for nursing dependency fills the "future long-term care labor costs", which is different from the inpatient care fees that have already occurred. It often spans several years to a lifetime, and it is an item that is easily underestimated in medical damage claims. For cases involving nursing and loss of income, it can be combined with other compensation items.Labor arbitration and work-related injury compensation servicesComparison.

II. Key points of dispute

The focus of the controversy centers on three points. Firstly, the level of care dependency: whether it is partial, most, or complete dependency directly determines the compensation ratio, and the appraisal basis is the five daily abilities of eating, turning over, urinating and defecating, dressing and washing, and independent action. Secondly, the duration of care: whether it is calculated until recovery, a certain number of years after disability determination, or based on average life expectancy, there are significant differences. Thirdly, the standard of care and the number of caregivers: whether it is based on the caregiver's remuneration or the family's loss of income due to caregiving, and whether it is one or multiple caregivers. In the judicial practice of Beijing courts, the duration of care is often determined based on the appraisal level and the age and health status of the victim, with a cautious but supportive attitude towards lifelong care. For subsequent enforcement matters, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Lawyers

Based on our practical experience in handling medical disputes, the most overlooked aspect of nursing dependency is the "dual proof of duration and level". Many litigants only claim nursing fees during hospitalization, neglecting the long-term nursing dependency after disability determination; or although there is dependency, no specialized assessment of the degree of nursing dependency is conducted, resulting in unfounded proportions and durations. Hengluo Lawyers usually recommend the following: applying for a nursing dependency assessment at the same time as the disability appraisal, clarifying the three-level classification; claiming nursing duration based on age, health expectations, and appraisal opinions, and applying for regular annuity payments when necessary; for those who are completely dependent, emphasizing the need for 24-hour care by a dedicated caregiver. In practice, the more solid the argumentation of nursing dependency level and duration is, the more fully the long-term care costs can be compensated. For cases involving multiple types of compensation, it is advisable to seek assistance from professionals in this field to optimize the compensation structure and ensure the full protection of the litigant's rights and interests.Special services and other case services.

IV. Practical suggestions and legal basis

The core basis is Article 1179 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) (nursing fees are within the scope of compensation), Article 1228 (liability for medical damage), as well as the "Assessment of the Degree of Nursing Dependence in Personal Injury Cases" (GB/T 31147-2014, implemented on January 1, 2015) and the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases" (amended on April 24, 2022, and implemented on May 1, 2022) regarding the calculation of nursing fees and the duration of nursing care. Practical suggestions: Apply for a fixed level of nursing dependency assessment; collect proof of caregiver compensation or evidence of family members' loss of income; specify the number and duration of nursing care and claim periodic payments; and demonstrate lifelong nursing care based on age and health conditions. For cases involving criminal cross-cases, refer to the relevant provisions.Criminal defense and criminal case filing services.

5. Hengluo Law Firm's Advice

The compensation for nursing dependency covers a long period of time and involves high amounts. Here are three tips: First, it is essential to evaluate the level of nursing dependency separately in the appraisal, otherwise it will be difficult to obtain support for long-term care; Second, the nursing period can be claimed as a regular payment to reduce the pressure of proving it once; Third, the three-year statute of limitations starts from the date when the victim knows or should have known that his rights have been infringed and the liable party has been identified. Those who need long-term care should assert their rights in a timely manner. If the medical institution denies the degree of dependency, they should apply for a re-evaluation according to law. For comprehensive reference, please refer to the following materials:Inheritance succession and family property division services.

VI. Frequently Asked Questions

Q1: Due to medical negligence, my loved one has been unable to take care of themselves for a long time. Can I get compensation for their nursing dependency?

The prerequisite for compensation are that the patient has a nursing dependency and the dependency level has been assessed and confirmed. If the patient loses daily capabilities such as eating, turning over, using the toilet, dressing, washing, or independent movement due to medical negligence, and is assessed as partially, largely, or completely dependent on nursing care, they can claim a corresponding proportion of long-term care expenses. Lawyers will build their claims around the assessment level and nursing duration, but will not make any promises about the outcome. The final determination will be based on the assessment and the court's ruling.

Q2: What evidence is needed to claim compensation for nursing dependency?

The core evidence includes: medical records and assessments of disability and degree of care dependency (specifying the three-level classification); medical and nursing records demonstrating the loss of five daily living skills; caregiver contracts, receipts for compensation, or certificates of family members' loss of income (determining the standard of care fees); a reasonable explanation of the number of caregivers and the duration of care; and expert opinions on medical damages (fault and causality). The more complete the evidence in terms of grades and standards, the more reliable the calculation of compensation for care dependency will be.

Q3: If I hire a lawyer for nursing dependency compensation, what are the approximate fees involved?

The attorney's fees are negotiated between the law firm and the client, and the specific amount is subject to the retainer contract. There is no nationwide standard pricing. The litigation fees are calculated according to the "Method for the Payment of Litigation Costs", with the total amount of the claim as the basis for progressive accumulation. The cost of the nursing dependency appraisal is prepaid by the applicant and then shared according to the proportion of fault. It is recommended to first assess the nursing level, duration, and total amount that can be claimed, then weigh the costs of lawyers and litigation, and decisively pursue claims in cases with clear dependencies and faults.

Q4: How long does it typically take from the appraisal to receiving the compensation for nursing dependency?

It is necessary to first complete the assessment of medical damages and the degree of care dependency, which often takes several months. The first-instance litigation in ordinary procedures is generally concluded within six months and in summary procedures within three months, and a reassessment will prolong the process. If a claim for regular payments is made, the enforcement stage will last longer. Overall, it usually takes about a year from the assessment to the payment of compensation. It is recommended to conduct the assessment and file the lawsuit as soon as possible to avoid the evidence of the care period weakening over time and exceeding the statute of limitations.

Q5: If a loved one needs long-term care, what should I do first?

There are four steps to follow: First, seal the medical records and apply for a medical damage appraisal, simultaneously applying for an assessment of the degree of nursing dependency; Second, collect nursing records, caregiver compensation, or family members' loss of income certificates to determine the nursing standard and number of caregivers; Third, based on the patient's age and health condition, argue for a reasonable nursing period and claim periodic payments; Fourth, if no agreement is reached, promptly file a lawsuit and apply for preservation of evidence. Throughout the process, keep all relevant documents and, if necessary, entrust a lawyer to systematically organize evidence related to the level of care, duration, and compensation ratio.

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 relevant evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute formal legal advice for 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.