How should a doctor be handled when injecting the wrong medicine that causes death in Vietnam?

How should a doctor be handled when injecting the wrong medicine that causes death in Vietnam?

According to Article 129 of the 2015 Criminal Code, involuntary manslaughter because of misconduct in professional practice or administrative rules is as follows:

1. A person who commits an involuntary manslaughter because of misconduct in professional practice or administrative rules shall face a penalty of 01 - 05 years' imprisonment.

2. This offence carries a penalty of 05 - 12 years' imprisonment if it results in the death of 02 or more people.

3. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Article 11 of the 2015 Criminal Code defines involuntary crimes as follows:

Cases of involuntary crimes:

1. The offender is aware of the danger to society of his/her act but believes that consequences would not occur or could be prevented;

2. The offender is not aware of the danger to society of his/her act though the consequences have to be foreseen and could be foreseen.

Article 3 of the 2009 Law on Medical Examination and Treatment provides the following principles for medical practice:

1. To ensure equality, fairness and non-discrimination for patients.

2. To respect patients' rights; to keep confidential information on the health status and privacy of patients indicated in their case history dossiers, except the cases specified in Clause 2, Article 8: Clause 1, Article II; and Clause 4, Article 59 of this Law.

3. To promptly and properly observe professional and technical regulations.

4. To prioritize medical examination and treatment for cases of emergency, under-6 children, sufferers of serious disabilities, people aged full 80 or older; people with contributions to the revolution; and pregnant women.

5. To guarantee professional ethics of practitioners.

6. To respect, cooperate with, and protect practitioners on duty.

Doctors, as highly skilled professionals, should be aware of the fatal consequences of administering the wrong medication to patients. Doctors have a responsibility to use drugs correctly, but due to unintentional negligence, they mistakenly administer the wrong medication resulting in death.

Based on Point d, Clause 1, Article 29 of the 2009 Law on Medical Examination and Treatment, doctors are required to revoke their professional certificates and suspend their practice in case of serious consequences to the health or life of patients.

Therefore, doctors who accidentally inject a lethal dose of medication and cause death are guilty of unintentional manslaughter and may be sentenced to comunity sentence for up to 03 years or imprisonment from 01 to 05 years. In addition, doctors may have their medical practice certificates revoked and their practice suspended.

How should a doctor be handled when injecting the wrong medicine that causes death in Vietnam? (Image from the Internet)

What are the doctor's obligations to a patient in Vietnam?

According to Article 35 of the 2009 Law on Medical Examination and Treatment, the obligations of doctors towards patients are as follows:

1. Being provided with personal protective equipment and occupational hygiene to prevent and minimize the risk of infection and work-related accidents.

2. Being protected in terms of health, life, honor, and physical integrity.

3. In case of threats to life from others, healthcare professionals are allowed to temporarily leave their workplace and then report to the head of the medical facility or the nearest authority.

Best Regards!