Compensation for damages when doctors cause medical incidents | iGuide

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How should a doctor who causes a medical incident compensate for damages?

This article provides detailed information on how to compensate for damages when a doctor causes a medical incident. It helps readers better understand the responsibilities of doctors and medical facilities in compensating patients for damages. The article also explains the procedures and conditions necessary to ensure that patients' rights are effectively protected. Understanding these regulations will help patients and their families feel more secure during the treatment process and in handling unexpected situations.

According to the provisions of Article 590 of the 2015 Civil Code on damage caused by health infringement as follows:

Damages due to health infringement

1. Damages caused by health infringement include:

a) Reasonable costs for treatment, rehabilitation, and restoration of health and lost or reduced functions of the injured person;

b) Actual lost or reduced income of the injured person; if the actual income of the injured person is unstable and cannot be determined, the average income of the same type of worker shall be applied;

c) Reasonable expenses and actual lost income of the person caring for the injured person during the treatment period; if the injured person loses the ability to work and requires regular care, the damages include reasonable expenses for caring for the injured person;

d) Other damages as prescribed by law.

2. The person responsible for compensation in case of damage to another person's health must compensate for damages as prescribed in Clause 1 of this Article and another amount to compensate for the mental damage suffered by that person. The level of compensation for mental damage shall be agreed upon by the parties; if no agreement is reached, the maximum level for a person whose health is damaged shall not exceed fifty times the basic salary prescribed by the State.

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

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

The level of compensation for mental damage shall be agreed upon by the parties; if no agreement is reached, the maximum level for a person whose health has been damaged shall not exceed fifty times the basic salary prescribed by the State.

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