How is compensation for medical accidents regulated?
By Hoa Nguyen
16/12/2024
This article provides detailed information on compensation regulations when medical accidents occur. It helps readers better understand the procedures and conditions for compensation, as well as the responsibilities of relevant parties in resolving medical accidents. Understanding these regulations will help patients and their families effectively protect their rights and ensure that medical facilities properly fulfill their responsibilities.
1. What is a medical accident?
Pursuant to Clause 23, Article 2 of the Law on Medical Examination and Treatment 2023 on the interpretation of terms, it is stipulated as follows:
“When a medical accident occurs, who is responsible?
Pursuant to Article 100 of the Law on Medical Examination and Treatment 2023 on determining the fault of a practitioner when a medical accident occurs, the following provisions are provided:
Identify practitioners with technical errors
1. A practitioner commits a technical professional error when the Professional Council specified in Article 101 of this Law determines that he/she has committed at least one of the following acts:
a) Violation of responsibility in patient care and treatment;
b) Violation of technical regulations.
2. 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 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.
Pursuant to Article 102 of the Law on Medical Examination and Treatment 2023 on compensation for medical accidents, it is stipulated as follows:
2. 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.”
According to the above regulations, when a medical accident occurs, a Professional Council will be established to determine whether the practitioner made a mistake during the medical examination and treatment process.
Therefore, only when the error is determined by the Professional Council to be due to the practitioner's technical error, will the medical examination and treatment facility be responsible for compensating the patient.
23. A medical accident is a medical incident that causes harm to the health and life of a patient due to one of the following causes:
a) Unintended risks occur even though the practitioner has complied with technical regulations in medical examination and treatment (hereinafter referred to as technical expertise);
b) Technical errors.”
So, a medical accident is a medical incident that causes damage to the health and life of a patient due to an unexpected risk or due to technical errors of the practitioner.
