How long is the statute of limitations for claiming medical malpractice compensation? | iGuide

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What is the statute of limitations for claiming damages against the person who caused the medical incident?

This article provides detailed information about the statute of limitations for claiming damages against the person who caused the medical incident. It helps readers better understand the time period in which patients can claim compensation after a medical incident. Understanding this statute of limitations will help patients and their families protect their rights in a timely and effective manner, while ensuring that compensation claims are handled in accordance with the law.

Pursuant to Article 588 of the 2015 Civil Code, the statute of limitations for filing a lawsuit to claim compensation for damages is as follows:

1. Statute of limitations for filing a lawsuit to claim damages

The statute of limitations for filing a lawsuit to claim compensation for damages is 03 years from the date the person entitled to claim knows or should know that his/her legitimate rights and interests have been violated.

According to the above regulations, the statute of limitations for claiming compensation for damages against the person causing a medical incident is 03 years from the date the medical incident occurred.

In case of an accident during treatment despite following proper technical regulations, does the doctor have to compensate for damages?

According to Clause 2, Article 100 of the Law on Medical Examination and Treatment 2023 (Effective from January 1, 2024), it is stipulated as follows:

2. Identify practitioners with technical errors

A practitioner has no technical or professional errors when determined by the Professional Council specified in Article 101 of this Law to fall into one of the following cases:

a) During the medical examination and treatment process, the practitioner has properly performed the responsibility of caring for and treating the patient and following technical and professional regulations, but a medical accident still occurs to the patient;

b) Emergency cases where there is a lack of medical equipment, facilities, medicines, or practitioners that cannot be remedied; cases where there is no technical guidance for treatment, leading to medical accidents for the patient;

c) In case of force majeure, objective obstacles or other objective reasons leading to medical accidents occurring to patients;

d) In case of medical accident caused by the patient himself.

According to the above regulations, during the treatment process, if the doctor has properly performed his/her responsibility for patient care and treatment and technical regulations but a medical accident still occurs to the patient, the doctor may be determined by the Professional Council to have no technical or professional errors.

And in case this doctor is determined to have no technical errors, he/she will not be responsible for compensating the patient according to the provisions of Article 102 of the Law on Medical Examination and Treatment 2023 (Effective from January 1, 2024):

3. Compensation for medical accidents

In case of a medical accident to a patient, the medical examination and treatment facility is responsible for compensating the patient according to the provisions of law, except for the case specified in Clause 2, Article 100 of this Law.