This morning, Dr. Hoang Cong Luong appeared in court.

Hoang Cong Luong and Bui Manh Quoc appeared in court on charges of committing crimes.Accidental homicideAccording to Clause 2, Article 98 of the 1999 Penal Code, the penalty ranges from 3 to 10 years of imprisonment.

Truong Quy Duong (former hospital director), Hoang Dinh Khieu (former deputy hospital director), Tran Van Thang (former head of the supplies department), Tran Van Son (staff member of the supplies department), and Do Anh Tuan (Director of Thien Son Pharmaceutical Joint Stock Company) appeared in court on charges of...Irresponsibility resulting in serious consequences., according to Clause 2, Article 285 of the 1999 Penal Code, with a penalty range of 3 to 12 years imprisonment.

Prior to the reopening of the trial, the wife of defendant Luong stated that he was in the hospital receiving emergency treatment due to a state of mental distress. She also submitted a petition to the Hoa Binh City People's Court requesting permission for him to be tried in absentia on the opening day.

On January 3rd, the Vietnam Medical Association sent a document to the prosecuting authorities in Hoa Binh province, stating that the cause of the incident was the residual HF chemical in the water used for hemodialysis after the repair of the RO system. "Since the system repair was carried out by someone else, is Luong guilty?"Accidental homicide"Is that right or wrong?", the General Assembly stated its position.

The Vietnam Medical Association requested that the competent authorities consider that on the day of the incident, the machinery was operating normally and the RO system's conductivity meter was within safe limits, therefore "no one could have foreseen the deadly consequences."

Hoang Cong Luong while working at Hoa Binh General Hospital. Photo: Pham Du.

The case was first tried in mid-2018 with three defendants, but after about 20 days of proceedings, the Hoa Binh City People's Court returned the case file for further investigation. After more than six months, four more people were prosecuted.

According to the indictment, on the morning of May 29, 2017, 18 patients undergoing hemodialysis at Hoa Binh General Hospital showed unusual symptoms. Nine died. The cause was attributed to the use of contaminated water for hemodialysis.

The prosecution alleges that, since its establishment, the Hemodialysis Unit (part of the Intensive Care Unit) has lacked engineers and technicians, and no one has been assigned the task of checking the water quality during and after dialysis. After a patient is examined, the doctor will issue an order to start dialysis when their vital signs meet the necessary criteria.

If equipment needs repair, the hemodialysis unit will request the supplies department to coordinate with other departments and wards to carry out the work. Repairs are usually done on Sundays so that the hemodialysis unit can start performing hemodialysis the following Monday without waiting for water quality testing or handover acceptance.

Luong is accused of having expertise and training in performing hemodialysis using artificial kidney techniques. He was ordered by the head of the department to sign the proposal for repair and maintenance of RO water filtration system No. 2, and therefore knew the specific repair schedule. Luong was also the only doctor among the three assigned to treat patients in the hemodialysis unit who was qualified to issue orders for dialysis.

On May 29, 2017, Luong signed the medical orders of the other two doctors in the unit to proceed with dialysis for the patients, and therefore must bear professional responsibility for that treatment session. He should also have known that the water used in dialysis had to meet quality standards after repairs. However, he only heard the nurse say that the system had been repaired and then issued the treatment orders.

Patients undergoing hemodialysis at Hoa Binh General Hospital. Photo: Pham Du.

According to the allegations, Mr. Truong Quy Duong failed to fully perform his assigned duties, neglected management, and lacked oversight of his subordinates, leading to serious violations over a long period. He directly signed the decision to establish the hemodialysis unit but did not allocate personnel to check the water quality before, during, and after hemodialysis.

As director, he failed to issue regulations on the operation, maintenance, and safety techniques for using the RO system, allowing employees to use it arbitrarily. Mr. Duong signed contracts and terminated repair contracts without closely monitoring them, leading to the tragic consequences of 9 deaths.

Do Anh Tuan, director of Thien Son Company, is accused of directly signing a contract for the repair and maintenance of the RO2 system with the hospital but allowing Bui Manh Quoc to carry out the work. Tuan is accused of failing to fully perform his duties, allowing Quoc to independently use unlicensed chemicals to disinfect the equipment, leading to extremely serious consequences.

As the Deputy Director in charge of the department, the defendant Hoang Dinh Khieu was responsible for the quality of the water used. However, Mr. Khieu neglected his duties and failed to supervise his subordinates, allowing the hemodialysis unit to arbitrarily use the RO water filtration system after repairs and maintenance for a long period without waiting for test results.