Judgment No: 677/2022/DS-PT

Plaintiff: Mrs. Lê Thị B, born in 1985

Defendant: Q Joint Stock Company

Regarding: Dispute Over Compensation For Medical Malpractice

Case Summary

Plaintiff: Mrs. Lê Thị B.

On March 8, 2020, Mrs. Lê Thị B visited the specialized dental clinic – V Dental under Q Joint Stock Company (“Dental Clinic”) for dental treatment and cosmetic services. The treatment period was from March 8, 2020, to April 14, 2020, with a total cost of 18,155,000 VND. Mrs. B had settled all the costs. A week after the dental procedure, Mrs. B began experiencing pain and sensitivity. Upon inspection, the Dental Clinic suggested that Mrs. B visit a specialized hospital for an examination, but she refused and went to the Central Dental Hospital.

The Central Dental Hospital diagnosed Mrs. B with “gingivitis, biological space invasion post dental prosthetics” and provided treatment. Subsequently, the Dental Clinic covered the treatment costs as per the invoices from the Central Dental Hospital presented by Mrs. B. The extended treatment and incurred additional costs led Mrs. B to request further compensation from the Dental Clinic. However, the Dental Clinic did not take responsibility or show goodwill, prompting Mrs. B to file a lawsuit against Q Joint Stock Company, demanding a refund of 18,155,000 VND for the initial treatment service and 57,009,506 VND in compensation for unsuccessful treatment results, totaling 75,164,056 VND.

Defendant: Q Joint Stock Company

The specialized dental clinic – V Dental provided cosmetic dental services to Mrs. B as she described. Afterward, when Mrs. B’s teeth became inflamed and painful, the Dental Clinic inspected and suggested she visit a specialized hospital for treatment, which she refused, opting to seek treatment on her own. After receiving treatment at the Central Dental Hospital, the Dental Clinic reimbursed all the invoices brought by Mrs. B and offered to remake the dental crowns, which Mrs. B declined.

Q Joint Stock Company agreed to pay only the treatment costs for complications resulting from the dental procedures performed at the Dental Clinic. The company agreed to redo the dental prosthetics free of charge but refused to provide a cash reimbursement for the service costs as requested by Mrs. B. The company also covered the transportation costs for scheduled treatments at the Central Dental Hospital. Specifically, it paid for surgery, treatment, and medication costs totaling 5,609,056 VND and transportation costs for 14 visits amounting to 1,211,000 VND.

First-instance Civil Judgment No. 1985/2022/DS-ST dated June 6, 2022, of the People’s Court of T City, Ho Chi Minh City: Partially accepting Mrs. Lê Thị B’s claim, ordering Q Joint Stock Company to pay Mrs. Lê Thị B 5,609,056 VND for surgery and medication costs, and 1,211,000 VND for transportation costs during the treatment period, totaling 6,820,056 VND. The court did not accept the other claims of Mrs. B, which included service costs of 18,500,000 VND, redoing dental crowns costs of 6,200,000 VND, loss of income during the treatment period of 11,454,548 VND, projected new dental crown costs of 25,200,000 VND, and projected future travel and loss of income costs.

On July 1, 2022, Mrs. Lê Thị B appealed, requesting an amendment of the First-instance judgment to accept all her claims.

At the appellate trial, Mrs. Lê Thị B withdrew part of her claim, specifically the request for Q Joint Stock Company to refund 18,155,000 VND for dental treatment services, and withdrew the claim for compensation for loss of income during treatment amounting to 11,454,548 VND and the travel costs for making four dental crowns estimated at 1,211,000 VND. She insisted that Q Joint Stock Company compensate her for the surgery, medication costs of 5,609,056 VND, transportation costs during the treatment period of 1,211,000 VND, costs for redoing dental crowns of 6,200,000 VND, and projected costs for making new dental crowns for four teeth amounting to 25,200,000 VND, totaling 38,220,056 VND.

Mrs. B stated that after undergoing dental treatment and having crowns fitted at Q Joint Stock Company, she experienced severe pain and sensitivity, leading her to request an inspection at the dental clinic. On April 25, 2022, the clinic arranged for Dr. Đặng Xuân T to examine her. After several discussions, she lost trust in Q Joint Stock Company’s expertise and sought treatment at the Central Dental Hospital in Ho Chi Minh City. Q Joint Stock Company contended that since she sought treatment at another clinic, they denied responsibility for compensation.

The representative of Q Joint Stock Company agreed to the partial withdrawal of the plaintiff’s claims but did not accept her appeal. The defendant agreed to reimburse reasonable costs to the plaintiff. Since the plaintiff sought treatment at a clinic not suggested by the defendant, the defendant refused to reimburse the costs requested by the plaintiff. The defendant agreed to redo the dental crowns free of charge and only accepted to compensate the plaintiff according to the First-instance judgment’s decision.

Representative of the People’s Procuracy of Ho Chi Minh City: Suspended part of the plaintiff’s withdrawn claims, including the request for Q Joint Stock Company to refund the costs for dental treatment services, compensation for loss of income during treatment, and projected costs for redoing dental crowns. Amended part of the First-instance Civil Judgment No. 1985/2022/DS-ST dated June 6, 2022, partially accepting Mrs. B’s appeal, ordering the defendant to pay for treatment and dental crown costs amounting to 6,200,000 VND. The plaintiff’s appeal to demand the defendant to cover projected costs for making new dental crowns totaling 25,200,000 VND was not accepted.

Judgment of the Court

At the appellate trial, the plaintiff withdrew part of her claims and appealed. The adjudicating council suspended part of the claims and accepted the partial withdrawal of the appeal. Despite the absence of a conclusion from the professional council regarding the defendant’s technical expertise as per the Law on Medical Examination and Treatment 2009, the defendant acknowledged the complications from the cosmetic dental procedures and agreed to compensate the plaintiff for treatment and travel costs incurred at the Central Dental Hospital. Thus, the First-instance court’s acceptance of the plaintiff’s claims was justified.

The Central Dental Hospital’s prescription indicated the need for treatment to address complications from the dental procedures performed by the defendant. The redoing of dental crowns was not only for aesthetic purposes but also for restoring functionality due to “gingivitis, biological space invasion post dental prosthetics.” The plaintiff undertook treatment, with actual costs documented in receipt No. 0231007 dated August 24, 2022, from the Central Dental Hospital in Ho Chi Minh City, totaling 6,200,000 VND. Therefore, the plaintiff’s claim was justified and accepted.

During the treatment period at the Central Dental Hospital, the plaintiff continued to receive full wages from her employer, thus not suffering any loss of income. The projected costs claimed by the plaintiff, such as those for redoing dental crowns and travel, had not occurred and did not constitute actual damages requiring compensation. Therefore, the First-instance court’s refusal of these claims was lawful, and the appeal lacked grounds for acceptance.

Decision of the Court

Partially accepting Mrs. Lê Thị B’s appeal. Amending the First-instance Judgment No.: 1985/2022/DS-ST dated June 6, 2022, of the People’s Court of T City, Ho Chi Minh City. Suspending part of Mrs. Lê Thị B’s claims and appeal regarding the request for Q Joint Stock Company to refund the costs for dental treatment services totaling 18,155,000 VND, compensation for projected loss of income during dental procedures amounting to 11,454,548 VND, and projected travel costs for redoing dental crowns amounting to 1,211,000 VND. Ordering Q Joint Stock Company to pay Mrs. Lê Thị B the surgery and medication costs totaling 5,609,056 VND, travel costs during the treatment period totaling 6,200,000 VND, for a total amount of 13,020,056 VND. The claim for projected costs for making new dental crowns totaling 25,200,000 VND was not accepted.

Legal Basis

Article 284, 289, 299, and 309 of the Civil Procedure Code; Article 357, Clause 2 of Article 468, Clause 1 of Article 585, Article 590 of the Civil Code 2015; Clause 6 of Article 26, Article 1, Article 2, Article 77, Clause 1 of Article 80 of the Law on Medical Examination and Treatment 2009; Article 26 of the Law on Enforcement of Civil Judgments; Resolution 326/2016/UBTVQH14.