[FREE LEGAL ADVICE]

QUESTION:

Please ask a lawyer about the proceedings related to the deadly sting of the doctor. 

On April 25, 2021, my younger brother (47 years old) drove his mother-in-law to his hometown in Dong Thap. 

On the 27th, my younger brother ate chicken rice and drank coconut water. So, he went to Doctor P's clinic in Lap Vo, Dong Thap province. Doctor's wife measured her blood pressure okay, nothing, her daughter prescribed, Dr. P gave 3 doses of medicine for my sister to leave. My brother got into the car, his nephew had driven less than 200 meters, and my brother had a convulsive convulsions that stopped breathing. The sister-in-law took the emergency medical nearby, it was said that he was dead. My family reported to the police down there, and the police asked Dr. P what drug he injected, and he said he did not know.

On the same night of April 27, my family took my younger brother to HCM for death and funeral procedures.

On the 28th, at 9:00 am, the forensic police above came to examine the autopsy and said it took about two months to get the results. 

Currently, our family wants to sue the doctor, get justice for my brother to go peacefully, or at least the doctor must tell us, what drug he injected my brother, but the family We are poor, just a common worker, not knowledgeable about the procedures as well as criminal law, looking forward to the guidance of lawyers.

Thank you everyone for reading and helping.

ANSWER:

Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:

According to clause 1 Article 144 Bộ luật tố tụng hình sự về The Criminal Procedure Code on denunciations, criminal reports, and petition for prosecution

Crime denunciation means that individuals discovering and denouncing acts with criminal signs to competent agencies.

According to Clause 1, Article 147 of the Criminal Procedure Code regarding time limit and procedures for settling denunciations, criminal reports, and petitions for prosecution:

Within 20 days after receiving denunciations, criminal reports and petitions for prosecution, investigation authorities and agencies assigned to investigate must examine, verify and make one of the decisions:

Decision to prosecute a criminal case;

Decision not to prosecute a criminal case;

Decide to suspend the handling of denunciations, criminal reports, and petition for prosecution

According to Clause 1, Article 73 of the Law on Examination and Treatment 2009, stipulates that a practitioner has professional and technical mistakes or mistakes.

A practitioner makes professional and technical mistakes when determined by a professional council specified in Articles 74 and 75 of this Law to commit one of the following acts:

Violation of responsibility in the care and treatment of patients;

Violating the regulations of professional, technical and professional ethics;

Infringing the rights of the patient

To contact your question, you need to wait for the results of the forensic examination. When the assessment results are available

1. If the assessment conclusion is that your brother's death was caused by a professional and technical error by a doctor when prescribed by a professional council under Clause 1, Article 73 of the Law on Medical Examination and Treatment, then you will make a denunciation. Criminal Procedure Code 2015. After receiving the denunciation information, The police side of the investigation will conduct verification investigation activities. After the assessment is made, if you need more detailed information about filing a denunciation, you can use MEDLAW's Legal Counseling service so that we can assist you in more detailed procedures. 
2. Nếu kết luận giám định không nêu rõ việc bác sĩ có hay không có sai sót chuyên môn kỹ If the examination conclusion does not state whether the doctor has professional or technical error or not, you can initiate a medical examination and treatment dispute at the competent people's court to claim compensation and clarify. degree of doctor's misconduct (if any).

The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation. In case you ever need detailed consultation, please contact us directly for specific advice. 

In case you ever need detailed consultation, please contact us directly for specific advice.

The content upon is our answer to your question. Please message us on the Fanpage or contact us through the hotline (84–28) 2253 7956 or website www.medlaw.vn if you ever need free legal consultancy service.