5 cases where medical staff have the right to refuse medical examination and treatment

(Chinhphu.vn) – The Department of Medical Examination and Treatment Management, Ministry of Health requested the Department of Health of Phu Tho province to urgently direct units to coordinate with law enforcement agencies to clarify and strictly handle the case of a patient's family member assaulting medical staff while providing emergency care to a patient.

Phu Tho province authorities investigate nurse assaulted by patient's family

Mr. Nguyen Trong Khoa, Deputy Director of the Department of Medical Examination and Treatment Management, Ministry of Health, said that this incident was reported at the emergency unit of Thanh Ba District Medical Center, Phu Tho Province, causing insecurity and disorder, negatively affecting medical examination and treatment, and the safety of patients and medical staff. This is a highly condemnable act and needs to be strictly handled.

The Department of Medical Examination and Treatment Management requested the Director of the Phu Tho Department of Health to urgently direct relevant units to coordinate with local law enforcement agencies to investigate and clarify the case and handle it strictly.

At the same time, strengthen security and order at medical examination and treatment facilities, focus on solutions to prevent and minimize cases of insecurity and disorder, including establishing a monitoring and warning system for risks of insecurity and disorder and implementing solutions according to the Law on Medical Examination and Treatment No. 15/2023/QH15.

The representative of the Ministry of Health also requested the Phu Tho Department of Health to pay attention to and promptly encourage the health and spirit of patients and medical staff affected by this incident.

Previously, a team of medical staff at Thanh Ba District Medical Center, Phu Tho, while trying to perform CPR on a child suffering from anaphylactic shock due to medication, the patient's family members continuously shouted from the side, putting pressure on the emergency team. The medical staff persevered in their duties and successfully saved the child. After 20 minutes, the child was conscious, breathing oxygen through glasses, and able to communicate normally.

Thanh Ba District Medical Center has invited the police to verify and clarify the incident.

When does a doctor have the right to refuse medical examination and treatment?

According to Article 40, Section 5 of the Law on Medical Examination and Treatment No. 15/2023/QH15, effective from 2024, it is strictly forbidden to infringe upon the rights of patients, to refuse or intentionally delay emergency treatment for patients... However, doctors also have the right to refuse medical examination and treatment in the following 5 cases:

If the prognosis of the patient's condition is beyond his/her ability or not within his/her scope of practice, he/she must refer the patient to another practitioner or another appropriate medical facility for examination and treatment and must provide first aid, emergency care, monitoring, care and treatment of the patient until the patient is received by another practitioner or transferred to another facility.

Medical examination and treatment contrary to the provisions of law or professional ethics.

Patients or relatives of patients who commit acts that violate the body, health or life of a practitioner while performing their duties, except in cases where the person has a mental illness or other illness that prevents them from being aware of or in control of their actions.

The patient requested a medical examination and treatment method that was not in accordance with technical regulations.

Patients and their representatives as prescribed in Point a, Clause 2 and Point a, Clause 3, Article 15 of this Law (relating to patients who are adults and young people who have lost their civil capacity) do not comply with the diagnosis and treatment instructions of a practitioner after being advised and persuaded by the practitioner, and such non-compliance may cause harm to the patient's health and life.

Article 43 of this Law also stipulates that medical staff are allowed to temporarily leave the workplace in case of threats to their health or life by others. This must be reported immediately to the person in charge of professional responsibility or the leader of the medical examination and treatment facility and to the nearest police agency or local government.

Thuy Ha

Source: https://baochinhphu.vn/5-truong-hop-nhan-vien-y-te-co-quyen-tu-choi-kham-chua-benh-102250428182704222.htm