Vietnamese medical malpractice law in comparison with medical malpractice laws in Belgium, France and England
24 October 2018
Universiteit Antwerpen, Stadscampus, Promotiezaal Klooster van de Grauwzusters - Lange Sint-Annastraat 7 - 2000 Antwerp (route: UAntwerpen, Stadscampus
Organization / co-organization:
Faculty of Law
Thi Bao Anh Nguyen
Prof. dr. Thierry Vansweevelt
PhD Defence Thi Bao Anh Nguyen - Faculty of Law
Medical malpractice occurs when a negligent act, an omission by a doctor or other medical professional results in harm to a patient. Medical malpractice is a behavior which deviates from the generally accepted standard of care. Medical malpractice is a form of professional negligence, which forms part of the law of tort.
In Vietnam, medical malpractice faces the crisis which consists of challenges. These challenges originate not only from medical malpractice but also other factors involved to medical malpractice. These challenges include the insufficiency and weakness of medical malpractice regulations, restriction to access by the population to healthcare services and health insurance, lack of medical resources, and corruption. Although the Vietnamese government has tried to find and deploy suitable solutions, these problems continue to bedevil the Vietnamese medical malpractice law.
These difficulties are the subject of investigation for this thesis. The thesis investigates the legal systems in Belgium, France, England, and Vietnam about healthcare systems, medical malpractice laws, compensation systems, liability insurance, and patients’ rights. MM laws keep a core position in the search and are complemented by the other contents. Study from the results’ research, the suggestions for the framework of preforming the medical malpractice law in Vietnam are recommended. The author hopes that the proposed framework will deliver benefits for Vietnamese patients and their families, Vietnamese physicians and healthcare institutions, and Vietnamese jurists.
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