Dispute resolution procedures for hospitals under the management authority of the Ministry of Health

iGuide Stories

Procedure for resolving disputes in cases where hospitals are under the management authority of the Ministry of Health

This article provides detailed information on the procedures and processes for resolving disputes in hospitals under the jurisdiction of the Ministry of Health, helping you understand the legal framework and your rights in case of a dispute.

Pursuant to the provisions of Clause 5 and Clause 6, Article 50 Circular 32/2023/TT-BYT about tThe dispute resolution order for hospitals under the management authority of the Ministry of Health is as follows:

1. Procedure for resolving disputes in cases where hospitals are under the management authority of the Ministry of Health

a) When a medical accident occurs and there is a dispute that needs to be resolved, at the request of the patient, the patient's representative, the practitioner, the investigating police agency or the court, the hospital will establish its own association. professional council as prescribed in Clause 1, Article 101 of the Law on Medical Examination and Treatment (called the grassroots professional council);

b) In case the parties have a dispute and do not agree with the conclusion of the professional council specified in Point a of this Clause, a written request shall be made to the Ministry of Health to establish a professional council to resolve it and enclosed with it. documents related to the dispute. The conclusion of the expert council of the Ministry of Health is final;

c) In case the parties have a dispute and do not agree with the conclusion of the professional council prescribed by the Ministry of Health, the parties shall sue in court.

2. Procedure for resolving disputes in cases where medical examination and treatment facilities are under the management authority of the Ministry of Health but are not in the form of hospitals:

a) When a medical accident occurs and there is a dispute that needs to be resolved, at the request of the patient, the patient's representative, the practitioner, the investigating police agency or the court, the facility will issue a written request Recommend that the Ministry of Health establish a professional council to resolve and attach documents related to the dispute. The conclusion of the expert council of the Ministry of Health is final;

b) In case the parties have a dispute and do not agree with the conclusion of the professional council prescribed by the Ministry of Health, the parties shall sue in court.