Family of female student whose leg was amputated demands 1 billion VND: Who has to pay?

According to the Law on State Compensation Liability, Cu Kuin District General Hospital (Dak Lak) is the unit that pays compensation to the female student whose leg was amputated.

Regarding the issue of compensation for the case of young girl Le Thi Ha Vi (16 years old - had her leg amputated due to the negligence of Cu Kuin General Hospital), lawyer Dang Huynh Loc - Ho Chi Minh City Bar Association said that the responsibility belongs to the unit that let the incident happen.

According to lawyer Loc, the Law on State Compensation Liability, effective from January 1, 2010, has specified the scope of responsibility in the following areas: public administrative management; civil and administrative; the right to request compensation of organizations and individuals suffering both material and spiritual damage; determining the agency responsible for compensation (the agency directly managing the public servant who committed an illegal act causing damage)...

Cu Kuin District General Hospital.

In addition, the law also guides the procedures for requesting compensation for damages and the responsibility to repay the civil servants who commit wrongful acts or decisions.

“However, only when the competent authority to resolve complaints considers and concludes that the act of the person performing official duties is illegal will the conditions be met to complete the procedures to request compensation. In this case, Vi’s family must wait for the Provincial Medical Examination Council to have the final conclusion before submitting a request for compensation,” lawyer Loc informed.

According to the lawyer, when there is a final conclusion, Vi's family needs to prove damage to health and spirit according to Article 9 of the Law on State Compensation Liability.

Regarding the source of compensation funds, lawyer Loc said that the leaders of Cu Kuin District General Hospital must send a document to the Dak Lak Department of Health and the Department of Finance to request the allocation of the province's budget for payment. After the conclusion is reached that any individual who committed the violation will be required to return some of the money that was advanced in advance.

On the morning of March 25, Le Thi Thuy Trang (Ha Vi's sister) said that her family had submitted a petition to Cu Kuin District General Hospital and the Dak Lak Department of Health, requesting compensation for her sister's material and mental damages.

Ha Vi is being treated at the hospital. Photo:Family provided.

According to the petition, due to the negligence of the medical team during the treatment, Ha Vi had to have her leg amputated. Therefore, the family requests that the relevant authorities provide material and spiritual compensation to compensate for some of the loss that Ha Vi and her family have suffered.

"In the petition, the family has not yet stated the compensation amount because they are waiting for the authorities to conclude. However, the amount of money the family will request is about 1 billion VND," said the victim's sister.

Previously, at noon on March 6, on the way home from school, Vi was involved in a traffic accident and fell on the road. After the person who caused the accident fled, local people took Vi to the emergency room at Cu Kuin District General Hospital.

Ms. Le Thi Thuy Trang (Vi's sister) said that after being admitted to the hospital, the doctors diagnosed Vi with a fracture of the right tibial plateau and then applied a cast. By the evening of the same day, Vi complained that the cast was too tight, cried out in pain and felt numbness in her leg, and had no feeling in her lower body. Therefore, the family asked the doctor to remove the cast and transfer her to another hospital, but it was not until the morning of March 8 that the doctors agreed.

Seeing that Vi's legs were covered in blisters and swelling, the family continued to request a transfer to another hospital, but the doctors said the illness was mild and did not require a transfer. During the following days, the hospital barely took any action to examine the wound thoroughly, until March 11th when they transferred her to Dak Lak General Hospital.

Here, after examination, the doctors said that Vi's leg had become necrotic. That same afternoon, the doctors transferred the patient to Cho Ray Hospital in Ho Chi Minh City to amputate most of her right leg due to necrosis./.

According to Zing.vn