The nursing expenses do not include the catering expenses of the nurses. According to the different nursing periods, the nursing expenses can be divided into the following three categories:
1. It is the nursing expenses that the victim needs the help of others during the treatment period;
2. It is the nursing expense that the victim needs the help of others during the recovery period after the injury is cured;
3. It is the nursing expense that the victim permanently loses the ability of self-care due to disability and needs the long-term continuous help of others.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases
Article 21
The nursing fee is determined according to the income of nursing staff, the number of nurses and the nursing period.
If the nursing staff has income, it shall be calculated with reference to the provisions on lost time; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the labor remuneration standard of local nursing staff engaged in the same level of nursing. In principle, there is one nurse, but if the medical institution or appraisal institution has a clear opinion, the number of nurses can be determined by reference.
the nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, he can determine a reasonable nursing period according to his age, health status and other factors, but the longest period is not more than 21 years.
The nursing level of the victim after disability should be determined according to the degree of nursing dependence and the preparation of disability AIDS.