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Procedures for resolving disputes when medical accidents occur

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Order and procedures for resolving disputes in Vietnam when a medical accident occurs

This article provides detailed information on the procedures and steps for resolving disputes when medical incidents occur, helping you understand the legal process and actions needed to protect your rights in the healthcare sector.

Pursuant to Article 50 Circular 32/2023/TT-BYT Instructions on 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) :

- When a medical accident occurs and there is a dispute that needs to be resolved, at the request of the patient, patient representative, practitioner or investigative police agency or court, the hospital must establish a council. expertise as prescribed in Clause 1, Article 101 Law on Medical Examination and Treatment 2023 (called the grassroots professional council);

- 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, they shall request in writing the Department of Health to establish a professional council to resolve it and send it along with the application. records related to the dispute;

- 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, they shall request the Ministry of Health in writing to establish a professional council to resolve it and send it along with the application. records related to the dispute. The conclusion of the expert council of the Ministry of Health is final;

- 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 will sue in court.

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

- 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 make a written request. The Department of Health established a professional council to resolve and attach documents related to the dispute;

- In case the parties have a dispute and do not agree with the conclusion of the professional council as prescribed above, they shall request in writing the Ministry of Health to establish a professional council to resolve it and attach the relevant documents. to dispute. The conclusion of the expert council of the Ministry of Health is final;

- 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 will sue in court.

(3) Dispute resolution order for hospitals and clinics under the management authority of the Ministry of National Defense and the Ministry of Public Security:

- 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 or the investigating police agency or court, the hospital or infirmary will become independent. Establish a professional council according to the provisions of Clause 1, Article 101 Law on Medical Examination and Treatment 2023 (called the grassroots professional council);

- In case the parties have a dispute and do not agree with the conclusion of the professional council as prescribed above, there shall be a written request to the Department of Military Medicine - Ministry of National Defense, Department of Health - Ministry of Public Security to establish a specialized council. subjects to resolve and attach documents related to the dispute;

- In case the parties have a dispute and do not agree with the conclusion of the professional council as prescribed above, they shall request in writing the Ministry of Health to establish a professional council to resolve it and attach the relevant documents. to dispute. The conclusion of the expert council of the Ministry of Health is final;

- 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 will sue in court.

(4) Procedures for resolving disputes in cases where medical examination and treatment facilities are under the management authority of the Ministry of National Defense or the Ministry of Public Security but are not in the form of hospitals, infirmaries or infirmaries. but not eligible to establish a professional council:

- 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 make a written request. The Department of Military Medicine - Ministry of National Defense, Department of Health - Ministry of Public Security established a professional council to resolve and attach documents related to the dispute;

- 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, they shall request the Ministry of Health in writing to establish a professional council to resolve it and send it along with the application. records related to the dispute. The conclusion of the expert council of the Ministry of Health is final;

- 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 will sue in court.

(5) Dispute resolution order for hospitals under the management authority of the Ministry of Health:

- 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 council. expertise as prescribed in Clause 1, Article 101 Law on Medical Examination and Treatment 2023 (called the grassroots professional council);

- In case the parties have a dispute and do not agree with the conclusion of the professional council as prescribed above, they shall request in writing the Ministry of Health to establish a professional council to resolve it and attach the relevant documents. to dispute. The conclusion of the expert council of the Ministry of Health is final;

- 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 will sue in court.

(6) Procedures for resolving disputes in cases where medical examination and treatment facilities are under the management authority of the Ministry of Health but are not in the form of hospitals:

- 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 make a written request. The Ministry of Health established a professional council to resolve and attach documents related to the dispute. The conclusion of the expert council of the Ministry of Health is final;

- 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 will sue in court.