When does the Ministry of Health's professional council conclude that a practitioner has no professional or technical errors?

According to the provisions in point a clause 3 Article 49 Circular 32/2023/TT-BYT as follows:

“3. The conclusion of the professional council 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 professional or technical errors.

Refer to the provisions in Clause 2, Article 100 Law on Medical Examination and Treatment 2023 as follows:

“Identifying practitioners with technical and professional errors..

2. The practitioner has no professional and technical errors when determined by the Professional Council in Article 101 of this Law to fall into one of the following cases:

a) During the process of medical examination and treatment, the practitioner has properly performed the responsibility for patient care and treatment and the regulations on technical expertise but medical complications still occur to the patient;

b) Emergency cases that cannot be overcome due to lack of facilities, medical equipment, drugs, or lack of practitioners; In cases where there is no professional and technical guidance for implementation, leading to medical complications for the patient;

c) In case of force majeure, objective obstacles or other objective reasons leading to a medical accident occurring to the patient;

d) In case of medical complications caused by the patient himself.

Thus, in case a medical accident occurs due to the following causes, the professional council concludes that the practitioner has no professional and technical errors:

- During the process of medical examination and treatment, the practitioner has properly performed the responsibility for patient care and treatment and the regulations on technical expertise but medical complications still occur to the patient;

- Emergency cases that cannot be overcome due to lack of facilities, medical equipment, drugs, or lack of practitioners;

- In cases where the disease does not have professional and technical instructions for implementation, leading to medical complications for the patient;

- In case of force majeure, objective obstacles or other objective reasons leading to medical complications for the patient;

- In case of medical complications caused by the patient themselves.