Regulations on handling complaints about medical examination and treatment in the medical field

Article 12 of Decision 44/2005/QD-BYT stipulates the settlement of complaints about medical examination and treatment as follows:

1. Verify the application

1.1. For the complainant:

a) Verify the content of the complaint:

- Complaints about lack of responsibility in medical examination and treatment:

+ On implementing the Regulations on medical ethics;

+ Regarding the implementation of hospital regulations, department and room regulations;

+ Performing assigned functions and tasks;

- Complaints about the implementation of professional regulations in hospitals:

+ On the implementation of hospital regulations;

+ On implementing decentralization of facilities for public hospitals;

+ Regarding the scope of practice for private practice establishments;

+ On implementing professional and technical processes.

- Other content.

b) Request to provide evidence: discharge papers, prescriptions, other evidence.

1.2. Check and verify at relevant units and individuals:

1.2.1. At the treatment facility (the facility being complained about):

- Check and review medical records and related documents: Referral letter, transfer letter, admission and discharge book, handover book, consultation minutes, shift handover book, etc.;

- Test results, X-rays, ultrasounds, testing, cultures...

- Specimens, slides, photos… related to the case;

- Physical evidence: needles, syringes, medicine containers, oxygen tanks, infusion solutions, testing chemicals, tools, machinery, and other specialized equipment related to the case;

1.2.2. Verification at relevant organizations and individuals, needs to be based on:

- Report and explanation of individuals and groups related to the incident;

- Minutes of meetings to review and resolve cases of departments, faculties, rooms, and hospitals;

- Minutes of the Patient Council meeting, comments from patients and their families related to the incident;

- Opinions of leading experts; relevant authorities related to the case;

- Request for appraisal: based on the conclusion of the Scientific and Technical Council (Professional Council) at all levels. In which, the conclusion of the Scientific and Technical Council at the Ministry of Health level is the final conclusion on the professional and technical quality in medical examination and treatment.

2. Conclusion

2.1. Conclusion on the content of the complaint:

2.1.1. False complaint (no violation);

2.1.2. Correct complaint (with violation):

- The complaint is completely correct;

- The complaint is partly correct, clearly stating the field of violation (administrative violation; showing signs of constituting a crime).

2.2. Regarding the cause of the violation:

2.2.1. Due to violation of medical ethics regulations;

2.2.2. Due to lack of qualifications and professional capacity;

2.2.3. Due to unexpected situations, force majeure or other causes.

3. Recommendations3.1. For false complaints (no violations), recommend to dismiss the complaint;

3.2. For correct complaints (with violations), depending on the nature and level of the violation, recommendations for handling are made according to the provisions of law (handling administrative violations or transferring the case to the investigation agency (if there are signs of constituting a crime) and remedial administrative measures, measures to remedy the consequences).

4. The competent authority shall issue a decision to resolve complaints in accordance with the provisions of law./.