From January 1, 2024, doctors have the right to refuse medical treatment in these 5 cases

The Law on Medical Examination and Treatment 2023 (effective from January 1, 2024) stipulates that 9 professional titles must have a practice license, including: Doctor, physician, nurse, midwife, medical technician, clinical nutritionist, outpatient emergency worker, clinical psychologist, traditional medicine practitioner and person with traditional medicine or traditional treatment method.

The new law strictly prohibits acts that violate patients' rights; refusing or intentionally delaying emergency care for patients...

However, according to Article 40, Section 5 of the law, there are 5 cases in which practitioners are allowed to refuse to examine and treat patients, specifically:

1. 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.

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

3. 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.

4. The patient requests a medical examination and treatment method that is not in accordance with technical regulations.

5. The patient or the patient's representative specified in Point a, Clause 2 and Point a, Clause 3, Article 15 of this Law (relating to adult and young patients who have lost civil capacity) fails to comply with the diagnosis and treatment instructions of the practitioner after being advised and persuaded by the practitioner, and this failure to comply poses a risk of harming the patient's health and life.

Meanwhile, patients have the right to refuse medical examination and treatment and leave the medical facility in the following cases:

- Be allowed to refuse medical examination and treatment but must commit in writing to take responsibility for your refusal after being consulted by a practitioner, except in cases of mandatory medical treatment.

- Allowed to leave the medical examination and treatment facility before completing treatment contrary to the practitioner's instructions, but must commit in writing to take responsibility for this departure, except in cases of mandatory treatment as prescribed.

Priority subjects for medical examination and treatment from January 1, 2024

Clause 2, Article 3 of the Law on Medical Examination and Treatment 2023 stipulates the principles in medical examination and treatment as follows:

-Priority for medical examination and treatment for patients in emergency conditions;

- Children under 6 years old;

-Pregnant women;

-People with severe disabilities;

-People aged 75 and over;

-People with revolutionary contributions suitable to the characteristics of medical examination and treatment facilities.

Minh Hoa (t/h)

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