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Dispute resolution procedures for hospitals and clinics under the management authority of the Ministry of National Defense and the Ministry of Public Security

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Dispute resolution order for hospitals and clinics under the management authority of the Ministry of National Defense and the Ministry of Public Security

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

Pursuant to the provisions of Clause 3 and Clause 4, Article 50 Circular 32/2023/TT-BYT about tDispute resolution order for hospitals and clinics under the management of the Ministry of National Defense and the Ministry of Public Security:

1. Dispute resolution order for hospitals and clinics under the management authority of the Ministry of National Defense and the Ministry of Public Security

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 or the investigating police agency or court, the hospital or clinic will automatically establish a professional council according to the provisions of 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, they shall send a written request to the Department of Military Medicine - Ministry of National Defense, Department of Health - Ministry of Public Security to resolve the dispute. Set up a professional council to resolve and submit documents related to the dispute;

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

d) 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 National Defense or the Ministry of Public Security but are not in the form of a hospital or infirmary or are in the form of a clinic but are not sufficient Conditions for establishing a professional council:

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 Department of Military Medicine - Ministry of National Defense, Department of Health - Ministry of Public Security establish a professional council to resolve and attach documents related to the dispute;

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.