Clubs · Nov 21, 2024 · 3 min read
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Clubs · Nov 21, 2024 · 3 min read
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This article provides detailed information on the number of meetings that expert councils can hold when resolving medical disputes in hospitals under the jurisdiction of the Ministry of Health, helping you understand the process and your rights in case of a dispute.
According to regulations tOrganization of the professional council in Article 48 Circular 32/2023/TT-BYT as follows
1. The organizational structure and number of members of the professional council include:
a) Chairman of the council: 01 person;
b) Vice Chairman of the council: 01 - 02 people;
c) Members: Minimum 03 people;
d) Council secretary: Minimum 01 person.
2. Principles for establishing a council:
a) Ensure independence, objectivity, and no conflicts of interest;
b) Council members must have a scope of practice or professional qualifications related to medical complications;
c) The number of members of the council (including the Chairman of the council) must be an odd number.
According to regulations intend to return hactivities of the professional council in Article 49 Circular 32/2023/TT-BYT as follows
1. Conditions for holding a professional council meeting: at least 2/3 of the council members must be present.
2. Council meeting:
a) The Council may meet in one or more sessions;
b) Each member of the council uses the records to make an assessment of medical complications;
c) The Council has a collective discussion, concludes by majority based on the opinions of its members and is responsible before the law for its conclusions;
d) The content discussed at the council meeting must be recorded in minutes, with all signatures of the council members attending the meeting.
3. The conclusion of the professional council must determine the cause of the medical accident:
a) In case a medical accident occurs due to the causes specified in Clause 2, Article 100 of the Law on Medical Examination and Treatment, it is concluded that the practitioner did not make professional or technical errors.
b) In case a medical accident occurs due to professional and technical errors during medical examination and treatment, the following must be specifically concluded:
- The practitioner commits a violation in one of the cases specified in Clause 1, Article 100 of the Law on Medical Examination and Treatment.
- Level of professional errors and form of handling for practitioners (if any).
4. The conclusion document signed by the Chairman of the council must have content consistent with the conclusion in the council meeting minutes and be made into 02 copies, 01 copy is kept at the agency that established the council, 01 copy is sent to the agency request to establish a council unless the agency establishing the council is a medical examination and treatment facility where a medical accident occurs. The signature of the Chairman of the council must be authenticated by the agency that established the council.
5. During the council meeting, if necessary, the Chairman of the council requests the agency establishing the council to invite more experts to participate in the meeting without having to supplement the decision to establish the council.
According to the regulations on council meetings in Clause 2, Article 49 Circular 32/2023/TT-BYT as follows:
“Activities of the professional council...
2. Council meeting:
a) The Council may meet in one or more sessions;
b) Each member of the council uses the records to make an assessment of medical complications;
c) The Council has a collective discussion, concludes by majority based on the opinions of its members and is responsible before the law for its conclusions;
d) The content discussed at the council meeting must be recorded in minutes, with all signatures of the council members attending the meeting.
Thus, the grassroots professional council when resolving a dispute about a medical accident occurring at a hospital under the jurisdiction of the Ministry of Health can hold one or more meetings depending on the specific situation.
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