How to calculate damages for health damage

Article 590 of the Civil Code stipulates that damages caused by health infringement include costs for treating the injured person and actual lost income; costs of the injured person's caregiver and other damages.

The Council of Judges of the Supreme People's Court in Resolution No. 02/2022/NQ-HDTP (effective from January 1, 2023) guides the determination of damages caused by health infringement as prescribed in Article 590 of the Civil Code as follows:

1. Reasonable costs for treatment, rehabilitation, and restoration of health and lost or reduced functions of the injured person include:

a) Medical examination and treatment costs according to the provisions of law on medical examination and treatment for the injured person; hiring a vehicle to take the injured person to the medical examination and treatment facility and back to their place of residence;

b) The cost of health care for the injured person is determined as 01 day of regional minimum wage at the medical examination and treatment facility for 01 day of medical examination and treatment according to the number of days in the medical record;

c) Costs of health recovery and lost or reduced functions are costs for recovery, support, and replacement of lost or reduced bodily functions of the injured person.

2. The actual lost or reduced income of the injured person is determined as follows:

a) In case the injured person has a stable income from salary or wages, it shall be determined according to the salary or wages of the injured person during the period of loss or reduction of salary or wages;

b) In case the injured person has an unstable income from salary or wages, the compensation shall be based on the average salary or wages of the 3 consecutive months before the time of damage. In case the 3 consecutive months of salary before the time of damage cannot be determined, the compensation shall be based on the average income of the same type of labor in the locality during the period of actual income loss or reduction. If the average income of the same type of labor in the locality cannot be determined, the actual income loss or reduction shall be compensated at 1 day of the regional minimum wage at the place where the injured person resides for 1 day of damage.

The regional minimum wage day is determined as 01 month of the regional minimum wage prescribed by the State divided by 26 days.

3. Reasonable expenses and actual lost income of the caregiver of the injured person are determined as follows:

a) Reasonable expenses for the person taking care of the injured person during the treatment period include: train and car fares, accommodation rental fees at the average price in the locality where the injured person is being treated (if any);

b) Actual lost income of the caregiver of the injured person during the treatment period (determined as for the actual lost income of the injured person);

c) In case the injured person loses the ability to work and must have someone to take care of him/her regularly, the reasonable cost for taking care of the injured person is determined to be 01 day of the regional minimum wage at the place where the injured person resides for 01 day of taking care of the injured person.