Vietnamese legal regulations on disputes in medical examination and treatment

1. Remaining shortcomings in resolving disputes in medical examination and treatment

The relationship between the patient and the medical examination and treatment facility is expressed in the form of a service contract, in which the practitioner participates in the relationship on behalf of the medical examination and treatment facility to perform medical examination and treatment activities. , cure. Most disputes over medical examination and treatment are related to medical examination and treatment service contracts. Currently, there are still outstanding shortcomings in resolving disputes in medical examination and treatment.

2. Regarding the right to complain:

In case of dispute, the patient or their representative believes that the practitioner or the medical examination and treatment facility has not properly or fully performed its obligations and this has resulted in negative consequences. However, the Law on Medical Examination and Treatment does not regulate the right of service users to complain against the provider. Meanwhile, the right to complain is one of the basic rights of citizens, and is also a common right in commerce and civil rights as a consumer right. Article 318 of the 2005 Commercial Law recognizes this right.

3. Regarding dispute resolution methods

Regarding how to handle medical examination and treatment disputes, according to Article 80 of the Law on Medical Examination and Treatment, the parties are responsible for conciliating the content of the dispute; In case conciliation fails, the disputing parties have the right to sue in court in accordance with the provisions of law. However, in addition to the resolution mechanism by self-conciliation and the Court, for disputes in medical examination and treatment, there needs to be an additional method of dispute resolution through the role of a third party, which is the medical profession council like many people. applicable country. Dispute resolution by the medical profession council will be separate more objective, gentler and quicker than the administrative solution with the participation of the Ministry of Health and the Department of Health whenever there is a dispute in medical examination and treatment. The participation of civil society organizations in many cases will be more effective than intervention by state management agencies, especially in civil disputes, including disputes over medical examination. , cure.

4. Consequences of disputes in medical examination and treatment if not resolved or not resolved thoroughly to

When there is a request to resolve a dispute in medical examination and treatment, the competent authority will resolve the dispute. Failure to resolve disputes in medical examination and treatment or not resolving them thoroughly will cause many serious consequences, such as: Easily causing frustration for patients or their representatives. Because medical examination and treatment activities are activities that directly affect the health and life of patients. An unsatisfactory resolution that does not comply with the law will cause the patient and their family to appeal the judgment, causing them to have to travel many times, wasting time, money, and effort. ,...

In addition, the failure to resolve disputes in medical examination and treatment or incomplete resolution also shows shortcomings in the Court's dispute resolution activities. human rights, citizen rights, protection of the socialist regime, protection of the interests of the State, legitimate rights and interests of organizations and individuals. The consequences will not ensure order, stability of life and development of fundamental problems of society.…