On 8/8, the People's Court of Ho Chi Minh City heard the compensation dispute between plaintiff Luong Thu Nguyet, 29, and defendant Nguyen Thi Hoa, 66.
Nguyet stated that on 19/1/2023, she visited Hoa’s clinic on Hoang Hoa Tham street in Tan Binh district to have 24 porcelain crowns fitted for 144 million VND. A few days later, she experienced pain and sensitivity. Hoa reassured her that this was normal and would subside within two to three weeks.
On 17/2/2023, after returning to the US, Nguyet’s gums became swollen and started bleeding. Upon returning to Vietnam, she sought treatment at the Ho Chi Minh City Odonto-Maxillo-Facial Hospital and later at a dental center in the US. Both diagnosed a gum infection due to "technical errors during the crown fitting."
After unsuccessful attempts to resolve the issue with Hoa, Nguyet filed a complaint with the Ho Chi Minh City Department of Health. On 31/5/2023, the Department fined Hoa 80 million VND for practicing without a license and ordered her to return 120 million VND in illicit earnings.
Nguyet then filed the lawsuit, seeking 344 million VND in compensation for the procedure, corrective treatment, travel expenses between the US and Vietnam, and lost income.
Hoa, through her legal representative, stated that she worked in the Odonto-Maxillo-Facial Department of Thong Nhat Hospital from 1982 to 2014 and holds a dental restoration certificate from 2014. She started working from home after retirement.
According to Hoa, Nguyet didn't complain while in Vietnam and only reported discomfort after arriving in the US. Hoa explained that this was a temporary reaction and offered a free follow-up appointment upon Nguyet’s return. However, in 4/2023, Nguyet demanded a refund, claiming faulty work. Hoa refused and requested a re-examination to determine the cause. She declined compensation, arguing that Nguyet's treatment at another facility "compromised objectivity".
Hoa rejected the lawsuit's claims, asserting that Nguyet hadn't proven Hoa's responsibility for the infection. Hoa claimed to have already suffered significant losses from the administrative penalty and the revocation of her license.
Both parties were absent from the court hearing, represented by their legal counsel, and maintained their previous positions.
The court dismissed all of Nguyet's claims.
The court acknowledged both parties' confirmation that Nguyet underwent the procedure at Hoa's clinic and subsequently developed a gum infection, seeking treatment in both the US and Vietnam. However, Nguyet failed to prove that Hoa's work caused the infection.
The court repeatedly requested medical records, treatment receipts, and travel documents. Nguyet didn't provide records from the Ho Chi Minh City Odonto-Maxillo-Facial Hospital, only from a dental center. Her US treatment was documented solely through a self-declaration, lacking valid documentation. No medical conclusion attributed the gum infection to faulty crown fitting, and the supplementary evidence lacked consular legalization.
Regarding Nguyet’s claim that Hoa "lacked qualifications and practiced illegally," the court confirmed with the Ho Chi Minh City Department of Health’s Inspectorate that Hoa had been penalized for practicing without a license or certification, resulting in no available medical records for comparison. However, no competent authority concluded that Hoa's work on Nguyet’s crowns was technically flawed.
The court advised Nguyet to provide additional legalized evidence, but she stated she had no further documentation. Consequently, the court lacked sufficient grounds to establish Hoa's responsibility for the damages and dismissed the lawsuit.
Hai Duyen
