Wrong-side, wrong-patient surgery; a sponge left in the abdomen — “impossible” incidents that still happen, classified as serious medical incidents for which the facility is liable.
The surgical safety routine
The Law on Medical Examination and Treatment 2023 (15/2023/QH15, in force since 1 January 2024) requires facilities to implement patient-safety measures, including before–during–after surgery checks. International best practice (the WHO surgical safety checklist) is recommended: confirm patient identity, surgical site and procedure before anaesthesia; whole-team “time-out” before incision; count sponges and instruments before wound closure. Skipping the checklist when an incident occurs is direct evidence of process fault.
Wrong-site surgery: how is it compensated?
Operating on the wrong site or wrong patient cannot be excused as “medical risk” — it violates basic safety procedure. The facility must compensate all damages under the Civil Code 2015: corrective treatment costs, lost income, moral damages and other losses. Beyond civil compensation, the surgical team and the professionally responsible person face disciplinary action and possible licence revocation or suspension.
Instruments left inside the patient
Same logic: a retained sponge or instrument is a counting-process failure; the facility bears compensation and the removal surgery’s cost. Medical records and instrument-count minutes are decisive evidence — a facility that cannot produce complete count records loses the dispute outright.
Frequently Asked Questions
Does a signed surgical-risk consent free the hospital of liability?
No. Risk consent covers only objective medical risks (unforeseeable complications), not process faults like wrong-site surgery or retained instruments. Clauses waiving the facility's fault are void.
Must medical incidents be reported?
Yes. Facilities must report and analyze medical incidents per Ministry of Health rules; concealing an incident is a violation that aggravates liability when discovered.
Can the lead surgeon face criminal charges for wrong-site surgery?
Depending on consequences: serious harm to health or life from breaching professional rules can trigger criminal liability for violating medical examination and treatment regulations.
This article has been quality-reviewed by the FLAW AI Legal Council