Research On Mental Damage Compensation For Medical Tort

Objectives: This review aims to analyze the influencing factors of mental damage compensation in medical malpractice cases,so as to provide some references for both doctors and patients to deal with this type of cases,and put forward suggestions to improve the mental damage compensation standard,so as to reasonably put forward demands,solve disputes,safeguard the rights and interests between doctors and patients,effectively promote the settlement of medical disputes,and provide assistance for the professional trial of medical disputes,effectively improve the quality and efficiency of trials.Methods: Collect 3720 effective cases on the website,PKULAW.com,sort out and summarize the relevant information of the published case results,and use SPSS Statistics25.0 software to make statistical analysis on the basic situation of mental damage compensation,the situation of medical mental damage compensation undertaken by hospitals at all levels,the relationship between departments and mental damage compensation,the difference between claims and actual mental damage compensation,the relationship between hospital’s responsibility and mental damage compensation,and the relationship between disability level and the amount of mental damage compensation.Results: This study selected 3720 cases involving 2177 medical institutions.Cases are distributed in 31 provinces,municipalities and autonomous regions,of which the eastern region accounts for the highest proportion（1646 cases,accounting for 44.22%）;The middle was the second（1156 cases,accounting for 31.08%）;The west was the least（919 cases,accounting for 24.70%）.The actual amount of compensation in different regions is not the same.The amount of compensation claimed in the eastern region is significantly higher than that in the central and southern regions,F=150.07,P < 0.001;0.001.The difference is statistically significant.Grade III-A Hospitals claimed the most cases of mental damage compensation（1818 cases,accounting for 48.87%）;Secondary hospital is the next（1307 cases,accounting for 35.17%）;The total proportion of other types of hospitals is only about 15%.The actual compensation amount of different hospital levels was not the same,F=37.24,P<0.001,the difference was statistically significant.Judging from the distribution of the departments where the cases occurred,the cases of surgery department’s mental damage compensation were the most（1321 cases,accounting for 35.51%）;Followed by internal medicine（794 cases,accounting for21.34%）.The difference of actual compensation amount between different departments was statistically significant.The compensation amount of pediatrics（3.11 ± 2.24 ten thousand yuan）was higher than that of other departments,F=150.07,P<0.001.From the hospital liability of claim cases,the hospital has the most cases of secondary liability（1269 cases,accounting for 34.11%）,and the difference between the actual compensation amount of different hospital liabilities was statistically significant.In terms of the disability levels of patients in the cases,more than half of them are death cases（2055 cases,accounting for 55.24%）.The highest amount of actual compensation was the class A disability case（3.82 ± 2.39 ten thousand yuan）,F=887.74,P<0.001,the difference was statistically significant.Through the regression statistical analysis results,the regression model is constructed:（？） =-2634.307-2027.448X_d1-7845.427X_d2+0.011X₃-742.206X₄+3945.869X₅+2060.709X₆.Region,the amount of spiritual compensation,department,hospital liabilities and disability level are all important factors affecting mental damage compensation,and the higher the regression coefficient,the higher the degree of influence.Conclusions: The results of regression statistical analysis show that regions and departments are negatively correlated with the amount of mental damage compensation.The higher the level of economic development,the more amount of compensation;Surgery and other departments with high medical technical difficulties have a higher amount of compensation.Hospital liabilities and disability level are positively correlated with the amount of mental compensation for medical disputes,indicating that the greater the hospital’s responsibility,the more the amount of compensation;The more serious the disability level of patients,the more mental damage compensation in the case.It claims that the amount of spiritual comfort has an impact on mental damage compensation,but the degree of impact is not high.And the mental damage compensation in medical disputes is not affected by the hospital level.The calculation of the mental damage compensation model in medical disputes is concise,which can provide the amount reference of mental damage compensation for both doctors and patients,avoid the blindness of the patient’s claim,reasonably safeguard the rights and interests of both doctors and patients,improve the resolution rate of medical disputes,ensure the predictability of laws,and provide the reference of corresponding amount and influencing factors for the subsequent promulgation of relevant laws and regulations.