Abstract:

The nursing fee refers to the compensation for the losses incurred by nursing service to a victim who has got injury
physically. The corresponding losses include the payment for employing nurse(s) and the reduced income due to missing working time of non-nurse (the victim's family member who took care of him). Nursing fee compensation shall not be subject to hospital's approval or demand. As a genuine economic loss, the reduced income of victim's family member due to missing working time shall also be compensated. As to the relevant judicial interpretation in China, there is room for improvement. In particular, in the criteria for nursing fee compensation there should be distinction between nurse and non-nurse, rather than distinction between non-nurse with fixed salary and non-nurse without fixed salary. Where non-nurse is in charge of taking care of victim, he shall have the right to claim compensation.

Key words: nursing fees, losses incurred by nursing service, nurse, damages compensation