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 the implementation of the Medical Ethics Code;

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

+ Perform assigned functions and tasks;

- Complaints about the implementation of professional regulations at the hospital:

+ Regarding the implementation of hospital regulations;

+ On the implementation of decentralization of facility management for public hospitals;

+ Regarding the scope of practice of private practice establishments;

+ On the implementation of 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, discharge book, handover book, consultation minutes, shift handover book, etc.;

- Test results, X-rays, ultrasounds, lab tests, cultures...

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

- Evidence: needles, syringes, medicine boxes, oxygen tanks, infusion solutions, testing chemicals, tools, machines and other specialized equipment related to the case;

1.2.2. Verification at relevant organizations and individuals must be based on:

- Reports and explanations of individuals and groups related to the incident;

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

- Minutes of the Patient Council meeting, opinions of patients and families related to the incident;

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

- Proposed appraisal: based on the conclusions 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 quality of technical expertise in medical examination and treatment.

2. Conclusion

2.1. Conclusion on the complaint content:

2.1.1. False claim (no infringement);

2.1.2. Correct complaint (with violation):

- The complaint is completely correct;

- The complaint content is partially 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 professional qualifications and professional capacity;

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

3. Recommendations

3.1. For false claims (non-violation), request to dismiss the claim;

3.2. For correct complaints (with violations), depending on the nature and level of the violation, recommendations will be made for handling 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 administrative measures to remedy the consequences, measures to remedy the consequences).

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