Responsibility for compensation for damages when accidents occur during medical examination and treatment

1. In case of professional error, compensation must be paid to the patient:

The 2009 Law on Medical Examination and Treatment stipulates that in case of a conclusion of technical errors causing complications for the patient, the medical examination and treatment facility must compensate for damages according to the provisions of law, including mental damage - according to the provisions of the Civil Code.

The conclusion/determining whether a healthcare practitioner (usually a doctor or medical technician) has made a professional or technical mistake or not must be considered and determined by the sole competent authority, the “Professional Council”. However, in case the disputing parties do not agree with the conclusion of the Professional Council, they have the right to request the Ministry of Health to establish another Professional Council for review and re-evaluation.

The Professional Council is established in case of a request to resolve a dispute regarding medical examination and treatment when an accident occurs to a patient. The method of establishment and composition of the Professional Council are stipulated in Articles 74 and 75 of the Law on Medical Examination and Treatment 2009.

Determining the level of compensation for damages in the event of professional or technical errors causing complications for patients is stipulated in Article 77 of the 2009 Law on Medical Examination and Treatment.

2. Handling the responsibilities of medical facilities and medical practitioners

In addition to compensating the patient as stipulated above, medical facilities and medical practitioners who make professional and technical errors causing complications for patients must also bear other legal responsibilities according to the provisions of law. Specifically, they may be subject to administrative sanctions, have their practice licenses revoked, etc.

According to Clause 4, Article 4 of Decree 176/2013/ND-CP of the Government regulating administrative sanctions for violations in the medical field, The maximum fine for administrative violations in medical examination and treatment, pharmaceuticals, cosmetics and medical equipment is 100,000,000 VND for individuals and 200,000,000 VND for organizations.

In cases of causing death or serious consequences to society, criminal liability may be prosecuted according to the provisions of the 2015 Penal Code for the following crimes:

• Crime of unintentionally causing death due to violation of professional or administrative rules (Article 129);
• Crime of violating regulations on medical examination, treatment, production, preparation, dispensing, sale of drugs or other medical services (Article 315).

3. In case there is no professional error, there is no need for compensation.

In case an accident occurs during medical examination and treatment but the Professional Council concludes that there was no professional error, that all technical regulations were followed correctly during the medical examination and treatment process but an accident still occurs to the patient, the medical examination and treatment facility and the medical examination and treatment practitioner do not have to compensate for damages.