Resolving medical disputes under Health Ministry | iGuide

When a medical accident occurs and there is a dispute, how does the hospital under the management authority of the Ministry of Health resolve it?

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When a medical accident occurs and there is a dispute, how do hospitals under the management of the Ministry of Health resolve it?

This article provides detailed information on the process of resolving disputes when medical incidents occur in hospitals under the jurisdiction of the Ministry of Health, helping you understand the legal steps and your rights in case of a dispute.

Pursuant to the provisions of Clause 5, Article 50 Circular 32/2023/TT-BYT The order and procedures for resolving disputes when a medical accident occurs are as follows:

“5. Dispute resolution order for hospitals under the management authority of the Ministry of Health:

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 will establish its own 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 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.

Thus, when a medical accident occurs and there is a dispute at a hospital under the management of the Ministry of Health, the dispute resolution procedure is carried out in the following order:

(1) At the request of the patient, the patient's representative, the practitioner, the investigating police agency or the court, the hospital where the medical accident occurred shall establish a grassroots professional council according to regulations. specified in Clause 1, Article 101 Law on Medical Examination and Treatment 2023 to determine whether or not the practitioner has professional and technical errors.

(2) If the disputing parties do not agree with the conclusion of the grassroots professional council, they shall send a written request to the Ministry of Health to establish a professional council to resolve it and attach the relevant documents. dispute. The conclusion of the expert council of the Ministry of Health is the final conclusion.

(3) If the parties have a dispute when they do not agree with the conclusion of the professional council prescribed by the Ministry of Health, the parties will sue in court to request resolution.