Woman dies after breast augmentation: Who is responsible?

Relating to the case of female NTD patient (33 years old, Dong Thap hometown) dead On the afternoon of March 18, after going to 1A Hospital (Tan Binh District) for breast augmentation surgery, the police department of Tan Binh District Police, Ho Chi Minh City is still coordinating with relevant units to accept, investigate the case.

At the same time, 1A Hospital has an explanation and quick report sent to the Department about the above incident. Accordingly, 1A Hospital said that the female patient who died after breast augmentation showed signs of respiratory arrest during surgery and was actively resuscitated according to the correct procedure.

The female patient fell into critical condition and died at Hospital 1A while undergoing breast augmentation.

From a legal perspective, talking to us, Dr. Dang Van Cuong – Hanoi Bar Association said that the above case happened at the hospital, which has the function of performing medical examination and treatment activities.

However, the patient died, so the investigating agency will verify and clarify the cause of death, clarify the surgical procedure and the responsibilities of relevant organizations and individuals in accordance with the law.

Doctor, lawyer Dang Van Cuong.

In the case of the doctor and his team surgery have strictly followed the provisions of the law on medical examination and treatment, if the patient’s death is due to objective and unpredictable factors, the liability for those who perform the surgery will not be considered. but the hospital must compensate the patient’s family.

In case the verification results of the investigation agency show that there have been errors in plastic surgery activities, violations of regulations on medical examination and treatment, resulting in patient death such as: well suited; the surgical team is not qualified as prescribed by law; injecting the wrong drug or committing other violations related to the surgical procedure, the responsibility of relevant organizations and individuals will be considered in accordance with the law.

Also according to lawyer Cuong, in case of violations of regulations on medical examination and treatment and drug dispensing, which cause serious consequences, the authorities will handle criminally related matters. Crime of violating regulations on medical examination and treatment, production, preparation, distribution, sale of drugs or other medical services according to the provisions of Article 315 for related individuals according to the provisions of law.

Point a, Clause 1, Article 315 stipulates that any person who violates regulations on medical examination and treatment, manufactures, prepares, dispenses and sells drugs or other medical services causes death, if not falling into the prescribed cases. in Article 259 of this Code, shall be sentenced to between 1 and 5 years of imprisonment.

Thus, in this case, if the authorities determine that there is a violation during the surgery, the individuals involved at 1A Hospital may face a sentence of 1 to 5 years in prison as analyzed. above.

Dr. Luat said that, in this case, the authorities will continue to clarify the cause of the incident and clarify the responsibilities of the relevant organizations and individuals to consider and apply relevant legal provisions. to legal liability. At the same time, the hospital also needs to have encouragement and timely support for the victim’s family.

Before that, according to the family, due to the need for breast augmentation, Ngoc N. went to the hospital to access cosmetic services and was advised by Dr. Nguyen Van T. on breast augmentation methods. On the scheduled appointment, on the morning of March 18, the female patient went to the hospital to perform the service.

However, after waiting for too long, she did not see Ms. N. coming out, the family members contacted them, they were told that the anesthetized patient had not yet woken up.

Around 4 pm, family members were called in but did not see the patient. After searching all the rooms, N. was found unconscious. According to her family, at that time, Ms. N. was already dead, but the hospital did not notify her.

The police are working and taking statements from the parties involved.

On the night of March 18, the police agency of Tan Binh district, Ho Chi Minh City was present to work with the family and 1A Hospital. The cause of death is under investigation and an autopsy will be performed.

The victim’s family said that because she believed that 1A Hospital was a large and prestigious hospital, Ms. N. chose to undergo breast augmentation surgery. However, Ms. N has a history of asthma, has just recovered from Covid-19 for 3 months, has low blood pressure, so her health is weak. The doctor examined her and confirmed that she was eligible for surgery.

The family said that the doctor who operated on Ms. N. named T., was introduced by an acquaintance. After consulting and being asked by Ms. N. to “choose a beautiful day”, Dr. T. scheduled surgery on Friday (March 18) at Hospital 1A for the client. Ms. N’s side transferred an advance of 40 million VND to Dr. T..

Tien Phong newspaper added that, before the unfortunate incident, Ms. Ngoc N. was a single mother, she was also the main worker to support her family and 13-year-old daughter.

After the incident, N.’s family wanted to clarify the cause of N.’s death, and wanted 1A Hospital not to deny responsibility.

Ms. N.’s body has been cremated by her family after performing forensic procedures.

We will continue to report on the case.

According to the Law & Readers