Chapter IX
ORGANIZATION AND OPERATION OF THE EXPERT PANEL AND DISPUTE RESOLUTION PROCEDURES UPON OCCURRENCE OF MEDICAL ACCIDENTS
Article 48. Organization of the Expert Panel
1. The organizational structure and number of members of the Expert Panel include:
a) President: 1 person;
b) Deputy President: 1-2 people;
c) Members: At least 3 people;
d) Secretary: At least 1 person.
2. Principles for establishing the Expert Panel:
a) Ensure independence, objectivity, and no conflicts of interest;
b) Panel members must have a scope of practice or professional qualifications related to medical accidents;
c) The number of members of the Panel (including the President) must be an odd number.
Article 49. Operation of the Expert Panel
1. Conditions for holding an Expert Panel meeting: at least 2/3 of the Panel members must be present.
2. Meeting sessions:
a) The Panel may meet in one or more sessions;
b) Each member of the Panel uses relevant medical records to make an evaluation of the medical accident;
c) The Panel has a collective discussion and concludes by majority vote based on the opinions of its members and take legal responsibility for its conclusions;
d) The content discussed at the Panel session must be recorded in minutes, with all signatures of the Panel members attending the session.
3. The conclusion of the Expert Panel must determine the cause of the medical accident:
a) In case a medical accident occurs due to the causes specified in Clause 2, Article 100 of the Law on Medical Examination and Treatment, it is concluded that the practitioner did not make any healthcare professional errors.
b) In case a medical accident occurs due to healthcare professional errors during medical examination and treatment, the following must be specifically concluded:
- Whether the practitioner commits a violation in one of the cases specified in Clause 1, Article 100 of the Law on Medical Examination and Treatment.
- Levels of healthcare professional errors and actions to be taken against the practitioner(s) (if any).
4. The written conclusion signed by the President of the Panel must have content consistent with the conclusion in the Panel meeting minutes and be made into 2 copies, 1 copy is kept at the agency that established the Panel, 1 copy is sent to the agency that requests to establish the Panel unless the establishing agency is a healthcare facility where the medical accident occurs. The signature of the President of the Panel must be authenticated by the agency that established the Panel.
5. During the Panel meeting, if necessary, the President of the Panel may request their establishing agency to invite more experts to participate in the meeting without having to supplement the decision on establishment of the Panel.
Article 50. Dispute resolution procedures upon occurrence of medical accidents
1. Dispute resolution procedures for hospitals under the management of the Department of Health (including hospitals of ministries and agencies, except hospitals under the Ministry of National Defense and the Ministry of Public Security):
a) 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(s), the investigation body, or the court, the hospital must establish an Expert Panel as prescribed in Clause 1, Article 101 of the Law on Medical Examination and Treatment (hereinafter referred to as the grassroots Expert Panel);
b) In case the parties to dispute do not agree with the conclusion of the Expert Panel specified in Point a of this Clause, they may send a written request to the Department of Health to establish another Expert Panel to resolve it together with documentation related to the dispute;
c) In case the parties to dispute do not agree with the conclusion of the Expert Panel specified in Point b of this Clause, they may send a written request to the Ministry of Health to establish another Expert Panel to resolve it together with documentation related to the dispute. The conclusion of the Expert Panel of the Ministry of Health is final and conclusive;
d) In case the parties to dispute do not agree with the conclusion of the Expert Panel established by the Ministry of Health, the parties shall file a lawsuit to court.
2. Dispute resolution procedures for healthcare facilities under the management of the Department of Health other than hospitals (including healthcare facilities other than hospitals of ministries and agencies, except facilities under the Ministry of National Defense and the Ministry of Public Security):
a) 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(s), the investigation body, or the court, the healthcare facility shall send a request to the Department of Health in writing to establish an Expert Panel together with documents related to the dispute;
b) In case the parties to dispute do not agree with the conclusion of the Expert Panel specified in Point a of this Clause, they may send a written request to the Ministry of Health to establish another Expert Panel to resolve it together with documentation related to the dispute. The conclusion of the Expert Panel of the Ministry of Health is final and conclusive;
c) In case the parties to dispute do not agree with the conclusion of the Expert Panel established by the Ministry of Health, the parties shall file a lawsuit to court.
3. Dispute resolution procedures for hospitals and infirmaries under the management of the Ministry of National Defense and the Ministry of Public Security:
a) 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(s), the investigation body, or the court, the hospital/infirmary must establish an Expert Panel as prescribed in Clause 1, Article 101 of the Law on Medical Examination and Treatment (hereinafter referred to as the grassroots Expert Panel);
b) In case the parties to dispute do not agree with the conclusion of the Expert Panel specified in Point a of this Clause, they may send a written request to the Department of Military Medicine affiliated to Ministry of National Defense, Department of Health affiliated to Ministry of Public Security to establish another Expert Panel to resolve it together with documentation related to the dispute;
c) In case the parties have a dispute and do not agree with the conclusion of the Expert Panel specified in Point b of this Clause, they may send a written request to the Ministry of Health to establish another Expert Panel to resolve it together with documentation related to the dispute. The conclusion of the Expert Panel of the Ministry of Health is final and conclusive;
d) In case the parties to dispute do not agree with the conclusion of the Expert Panel established by the Ministry of Health, the parties shall file a lawsuit to court.
4. Dispute resolution procedures for healthcare facilities under the management of the Ministry of National Defense and the Ministry of Public Security other than hospitals or infirmaries, or being infirmaries but not eligible for establishing an Expert Panel:
a) 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(s), the investigation body, or the court, the healthcare facility shall send a request to the Department of Military Medicine affiliated to Ministry of National Defense, Department of Health affiliated to Ministry of Public Security in writing to establish a Expert Panel together with documents related to the dispute;
b) In case the parties to dispute do not agree with the conclusion of the Expert Panel specified in Point a of this Clause, they may send a written request to the Ministry of Health to establish another Expert Panel to resolve it together with documentation related to the dispute; The conclusion of the Expert Panel of the Ministry of Health is final and conclusive;
c) In case the parties to dispute do not agree with the conclusion of the Expert Panel established by the Ministry of Health, the parties shall file a lawsuit to court.
5. Dispute resolution procedures for hospitals under the management of the Ministry of Health:
a) 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(s), the investigation body, or the court, the hospital must establish an Expert Panel as prescribed in Clause 1, Article 101 of the Law on Medical Examination and Treatment (hereinafter referred to as the grassroots Expert Panel);
b) In case the parties to dispute do not agree with the conclusion of the Expert Panel specified in Point a of this Clause, they may send a written request to the Ministry of Health to establish another Expert Panel to resolve it together with documentation related to the dispute; The conclusion of the Expert Panel of the Ministry of Health is final and conclusive;
c) In case the parties to dispute do not agree with the conclusion of the Expert Panel established by the Ministry of Health, the parties shall file a lawsuit to court.
6. Dispute resolution procedures for healthcare facilities under the management of the Ministry of Health but other than hospitals:
a) 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(s), the investigation body, or the court, the healthcare facility shall send a request to the Department of Health in writing to establish an Expert Panel together with documents related to the dispute. The conclusion of the Expert Panel of the Ministry of Health is final and conclusive;
b) In case the parties to dispute do not agree with the conclusion of the Expert Panel established by the Ministry of Health, the parties shall file a lawsuit to court.
Tìm kiếm
Thông tư 32/2023/TT-BYT (Bản Word)