Chapter VII
PROFESSIONAL AND TECHNICAL MISTAKES, SETTLEMENT OF COMPLAINTS. DENUNCIATIONS AND DISPUTES IN MEDICAL EXAMINATION AND TREATMENT
SECTION I. PROFESSIONAL AND TECHNICAL MISTAKES IN MEDICAL EXAMINATION AND TREATMENT
Article 73. Determination of practitioners with or without professional and technical mistakes
1. A practitioner makes professional and technical mistakes when he/she is determined by a professional council under Articles 74 and 75 of this Law to commit any of the following acts:
a/ Violating regulations on responsibilities for care for and treatment of patients:
b/ Violating professional and technical regulations and professional ethics:
c/ Infringing upon the rights of patients.
2. A practitioner makes no professional and technical mistakes when he/she is determined by a professional council under Articles 74 and 75 of this Law to fall into either of the following cases:
a/Having observed professional and technical regulations in medical examination and treatment but incidents still occur to patients:
b/ Cases of emergency in which incidents occur to patients due to an unsolvable lack of technical means and equipment and practitioners under law or the unavailability of professional regulations on a disease: and other force majeure cases resulting in such incidents.
Article 74. Establishment of professional councils
1. When there is a request for settlement of a dispute over medical examination and treatment upon occurrence of an incident to a patient, a professional council shall be set up to determine whether or not professional and technical mistakes are made.
2. A professional council shall be set up as follows:
a/ Within 5 working days after receiving a request to settle a dispute, the head of a medical examination and treatment establishment shall set up or propose the competent health state agency directly managing that medical examination and treatment establishment to set up a professional council.
Within 10 working days after receiving a request from a medical examination and treatment establishment, the competent health state agency directly managing the medical examination and treatment establishment shall set up a professional council:
b/ When involved parties disagree with conclusions made by the professional council under Point a of this Clause, they may request the Ministry of Health to set up a professional council.
Within 20 days after receiving such request, the Ministry of Health shall set up a professional council.
3. Within 30 days after being set up. a professional council shall meet and invite parties involved in the dispute to some of its meetings and the final meeting.
4. For a case related to an incident in medical examination and treatment which is settled according to procedural formalities, procedure-conducting agencies may request a competent health state agency to set up a professional council to determine whether or not professional and technical mistakes are made.
Article 75.Composition, operation principles and tasks of a professional council
1. A professional council comprises:
a/ Experts in relevant specialties;
b/ Experts in other specialties related to incidents in medical examination and treatment:
c/ Legal experts or lawyers.
2. A professional council operates on the principle of collective discussion, decision making by votes of majority and taking responsibility before law for its conclusions.
3. A professional council shall, pursuant to Article 73 of this Law. determine whether or not professional and technical mistakes are made.
4. Conclusions of a professional council serve as a basis for dispute settlement or for procedure-conducting agencies to consider and decide on settlement of the case: and for competent health state agencies and heads of medical examination and treatment establishments to handle practitioners according to their competence.
5. Conclusions of a professional council set up by the Ministry of Health under Point b. Clause 2. Article 74 of this Law are final conclusions on whether or not professional and technical mistakes arc made.
Article 76. Responsibilities of practitioners and medical examination and treatment establishments upon occurrence of incidents in medical examination and treatment
1. When occurs an incident to a patient as a result of professional and technical mistakes or in the case specified at Point b. Clause 2. Article 73 of this Law. the insurer from which the medical examination and treatment establishment buys insurance shall pay damages to the patient under the insurance contract signed with that medical examination and treatment establishment.
A medical examination and treatment establishment which fails to buy insurance under Clause 1. Article 78 of this Law shall itself pa; damages to the patient under law.
2. Apart from paying damages under Clause I of this Article, a medical examination and treatment establishment and a practitioner making professional and technical mistake-resulting in an incident to a patient shall take other legal responsibilities under law.
3. When occurs an incident in medical examination and treatment under Point a. Clause 2. Article 73 of this Law. medical examination and treatment establishments and practitioners are not required to pay damages.
Article 77. Determination of amounts of damages for professional and technical mistakes causing incidents in medical examination and treatment
Amounts of damages in the cases specified in Clause I, Article 76 of this Law shall be determined under law.
Article 78. Insurance for liability in medical examination and treatment
1. Medical examination and treatment establishments and practitioners shall buy insurance for liability in medical examination and treatment under the Government's regulations from insurers established and operating in Vietnam.
2. The Government shall detail insurance for liability in medical examination and treatment and a roadmap to ensure that all practitioners and medical examination and treatment establishments buy insurance for liability in medical examination and treatment.
SECLION 2. COMPLAINTS AND DENUNCIATIONS ABOUT AND SETTLEMENT OF DISPUTES OVER MEDICAL EXAMINATION AND TREATMENT
Article 79. Complaints and denunciations about medical examination and treatment
Complaints about administrative decisions on and administrative acts in medical examination and treatment and their settlement: and denunciations about violations of the law on medical examination and treatment and their settlement comply with the law on complaints and denunciations.
Article 80. Disputes over medical examination and treatment
1. Disputes over medical examination and treatment are disputes related to the rights, obligations and responsibilities in medical examination and treatment between the following parties:
a/ Patients or their representatives:
b/ Practitioners:
c/ Medical examination and treatment establishments.
2. A dispute over medical examination and treatment shall be settled as follows:
a/ Involved parties shall conciliate the dispute themselves;
b/ When conciliation fails, involved parties may initiate a lawsuit at a court under law.
3. The statute of limitations for requesting settlement of a dispute over medical examination and treatment is 5 years after the occurrence of a case.
Tìm kiếm
Luật khám bệnh, chữa bệnh 2009 (Bản Word)
