Legal analysis: medical disputes are divided into two categories, one is medical accident compensation disputes, and the other is medical personal injury compensation disputes, namely medical accident litigation and medical personal injury litigation. Although these two types of cases are related to medical behavior, the former is based on other medical negligence behaviors that do not constitute medical accidents, medical accident compensation disputes and medical personal injury compensation disputes, regardless of legal application, identification categories, compensation items or calculation methods. Generally speaking, whether from the litigation strategy or from the balance of interests, it is more beneficial for patients to sue in court on the grounds of medical personal injury compensation disputes.

(a) once a medical dispute occurs, patients and their families have the right to put forward the appraisal of the medical accident or incident within 1 year after the accident or incident has caused adverse consequences.

(2) If the patient dies, his family members shall identify the medical accident or incident within 15 days after the death of the patient or after receiving the autopsy report. Among them, the application for autopsy should be made within 48 hours after the death of the patient and carried out by the pathological anatomy department designated by the local health bureau.

Legal basis: Article 13 of the Measures for Payment of Litigation Fees shall be paid according to the following standards:

(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;

1. If it does not exceed 1 ten thousand yuan, each piece shall be paid to 50 yuan;

2. The part exceeding 1 10,000 yuan to 1 10,000 yuan shall be paid by 2.5%;

3. The part exceeding 6,543,800 yuan to 200,000 yuan shall be paid by 2%;

4. For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%;

5. The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid according to 654.38+0%;

6. The part exceeding 6,543,800 yuan to 2 million yuan shall be paid by 0.9%;

7 more than 2 million yuan to 5 million yuan, according to 0.8% to pay;

8. The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.7%;

9. The part exceeding 6,543,800 yuan to 20 million yuan shall be paid by 0.6%;

10. For the part exceeding 20 million yuan, 0.5% shall be paid.

(2) Non-property cases shall be paid according to the following standards:

1. Divorce cases range from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%.

2. 500 yuan shall pay 100 yuan for each case that infringes on the right to name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%.

3. Pay 50 yuan to 100 yuan for each non-property case of the other party.

(3) In intellectual property civil cases, if there is no dispute about the amount or price, each piece shall be paid from 500 yuan to 1 1,000 yuan; The disputed amount or price shall be paid according to the standard of property cases.

(4) Payment for each labor dispute case 10 yuan.

(5) Administrative cases shall be paid according to the following standards:

1. Trademark, patent and maritime administrative cases each 100 yuan;

2. Every 50 yuan in other administrative cases.

(6) If the parties raise objections to the jurisdiction of the case, and the objections are not established, they shall pay 50 yuan to 100 yuan for each piece.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, formulate specific payment standards within the scope specified in items (2), (3) and (6) of this article.