If a doctor causes a medical incident, how must he or she compensate for damages?

According to the provisions of Article 590 Civil Code 2015 Regarding damage due to violation of health as follows:

1. Damage caused by violated health includes:

a) Reasonable expenses for treatment, training, and restoration of health and lost or reduced functions of the damaged person;

b) Actual income lost or reduced of the person suffering damage; If the actual income of the person suffering damage is unstable and cannot be determined, the average income of workers of the same type shall apply;

c) Reasonable expenses and actual lost income of the person taking care of the victim during the treatment period; If the damaged person loses the ability to work and needs someone to regularly take care of him or her, the damages include reasonable costs for taking care of the damaged person;

d) Other damages prescribed by law.

2. The person responsible for compensation in case another person's health is violated must compensate for damages as prescribed above and another amount of money to compensate for the mental loss that person suffers. The level of compensation to compensate for mental losses shall be agreed upon by the parties; If no agreement can be reached, the maximum salary for a person whose health is violated shall not exceed fifty times the base salary prescribed by the State.

Accordingly, a doctor who causes a medical incident must compensate for damages with expenses determined according to Clause 1, Article 590 above.

In addition to the compensation for health damages mentioned above, this doctor is also responsible for compensating for the mental losses that person suffers.

The level of compensation to compensate for mental losses shall be agreed upon by the parties; If no agreement can be reached, the maximum salary for a person whose health is violated shall not exceed fifty times the base salary prescribed by the State.

Note: From July 1, 2023, the base salary is 1,800,000 VND/month.