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Procedures for resolving disputes when medical incidents occur under the authority of the Department of Health

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The order and procedures for resolving disputes when a medical accident occurs fall under the authority of the Department of Health

This article provides detailed information on the procedures and processes for resolving medical disputes under the jurisdiction of the Health Department in Vietnam, helping you understand the legal framework and your rights in case of a dispute.

Pursuant to the provisions of Clause 1 and Clause 2, Article 50 Circular 32/2023/TT-BYT The order and procedures for resolving disputes when a medical accident occurs are as follows:

1. Dispute resolution order for hospitals under the management authority of the Department of Health (including hospitals of ministries and branches, except hospitals under the Ministry of National Defense and the Ministry of Public Security):

a) When a medical accident occurs and there is a dispute that needs to be resolved, at the request of the patient, the patient's representative, the practitioner, the investigating police agency or the court, the hospital must establish an association. professional council as prescribed in Clause 1, Article 101 of the Law on Medical Examination and Treatment (called the grassroots professional council);

b) In case the parties have a dispute when they do not agree with the conclusion of the professional council specified in Point a of this Clause, a written request to the Department of Health to establish a professional council to resolve it shall be enclosed. records related to disputes;

c) In case the parties have a dispute and do not agree with the conclusion of the professional council specified in Point b of this Clause, a written request to the Ministry of Health to establish a professional council to resolve it must be enclosed. documents related to the dispute. The conclusion of the expert council of the Ministry of Health is final;

d) In case the parties have a dispute and do not agree with the conclusion of the professional council prescribed by the Ministry of Health, the parties shall sue in court.

2. Procedures for resolving disputes in cases where medical examination and treatment establishments are under the management authority of the Department of Health but are not in the form of hospitals (including medical examination and treatment establishments that are not is a form of hospital of ministries and branches, except facilities under the Ministry of National Defense and the Ministry of Public Security):

a) When a medical accident occurs and there is a dispute that needs to be resolved, at the request of the patient, the patient's representative, the practitioner, the investigating police agency or the court, the facility will issue a written request Request the Department of Health to establish a professional council to resolve and attach documents related to the dispute;

b) In case the parties have a dispute and do not agree with the conclusion of the professional council specified in Point a of this Clause, a written request shall be made to the Ministry of Health to establish a professional council to resolve it and enclosed with it. documents related to the dispute. The conclusion of the expert council of the Ministry of Health is final;

c) In case the parties have a dispute and do not agree with the conclusion of the professional council prescribed by the Ministry of Health, the parties shall sue in court.