Causes of disputes in medical examination and treatment and ways to resolve them

1. Causes of disputes in medical examination and treatment

In reality, medical examination and treatment is very complicated, so disputes can easily arise during medical examination and treatment. There are many causes of disputes, some of which include:

1. Determining professional and technical errors: According to the provisions of Clause 1, Article 73 of the Law on Medical Examination and Treatment, a practitioner is determined to have made professional and technical errors when committing one of the following acts: breach of responsibility in patient care and treatment; violate regulations on technical expertise and professional ethics; violate the rights of patients.

2. Risk of unintended occurrence in medical examination: According to the provisions of Clause 1, Article 73 of the Law on Medical Examination and Treatment, the practitioner has no professional and technical errors when determined by the professional council to fall into one of the following fields: The following cases: First, professional and technical regulations have been strictly followed during the medical examination and treatment process but complications still occur to the patient; Second, in the case of an emergency, due to lack of means, technical equipment, lack of practitioners according to the provisions of law, it cannot be overcome or the disease does not have professional regulations for implementation, leading to an accident. cause complications for patients; Other force majeure cases lead to complications for the patient.

2. How to resolve disputes in medical examination and treatment

On November 23, 2009, the National Assembly promulgated the Law on Medical Examination and Treatment 2009. Accordingly, Article 80 of the Law on Medical Examination and Treatment stipulates that disputes over medical examination and treatment are disputes related to rights and obligations. Duties and responsibilities in medical examination and treatment between the following subjects:

• The patient, the patient's representative;
• Practitioner;
• Medical examination and treatment facility.

Disputes over medical examination and treatment are resolved as follows:

• The disputing parties are responsible for conciliating the content of the dispute themselves;
• In case conciliation fails, the disputing parties have the right to sue in court according to the provisions of law.

The statute of limitations for requesting resolution of disputes regarding medical examination and treatment is 5 years from the date the incident occurred.