Up till now, disputes between patients and doctors or medical facilities have been often settled through the way of complaints. Whether this is appropriate or not, let's find out through the following writing by Dr. Bui Minh Trang, PhD. - former Chief Inspector of Ho Chi Minh City Department of Health.

What is a complaint?

In accordance with the provisions of Clause 1, Article 2 of the 2011 Law on Complaints ("Law on Complaints"), a complaint is the request by a citizen, an agency, an organization or a cadre, civil servants to a competent agency, organization or individual to review the administrative decisions and acts of state administrative agencies or disciplinary decisions on cadres and civil servants when there are grounds to believe that such decisions or acts are illegal or infringe their legal rights and interests.

Is a dispute between patient or patient’s representative and doctor and medical facility considered as an administrative act?

In accordance with the provisions of Clause 9, Article 2 of the Law on Complaints, administrative acts are acts of state administrative agencies, competent people in state administrative agencies to perform or not to perform their duties or public affairs under regulations of the law.

Accordingly, the act of medical examination and treatment by a doctor working at a medical examination and treatment facility is not considered as an administrative act. Therefore, it is inappropriate to apply complaints under the provisions of the Law on Complaints in the medical examination and treatment dispute between the patient/representative and the doctor or medical facility.

Competent agencies shall settle disputes between the patient or the patient's representative and the Doctor (or practitioner) and the medical facility.

In accordance with Article 80 of the 2009 Law on Examination and Treatment, disputes over medical examination and treatment between the patient, the patient's representative, and the practitioner and the medical facility, if the parties cannot reconcile themselves, they have the right to initiate a lawsuit in court in accordance with civil law. The statute of limitations for requesting the settlement of disputes over medical examination and treatment is 5 (five) years since the incident happens.

Above is the writing about whether it is right to Complain in the event of a dispute between the patient or the patient's representative and the Doctor (or practitioner) and the medical facility? For readers wishing to be consulted, please contact us via hotline: (84–28) 2253 7956, website medlaw.vn or email: medlawteam@gmail.com.

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