[email protected]
Two Pacific Place Building, 142 Sukhumvit Road, Klongtoey, Bangkok 10110 Thailand
Medical Malpractice is a serious issue that affects the trust and safety of patients within Thailand’s healthcare system. By improving training, strengthening hospital protocols, reforming legal frameworks and raising patient awareness, accountability can be ensured.
Compensation for damages in Thailand is typically awarded based on actual losses and includes expenses related to treatment, loss of income, and intangible losses such as pain and suffering.
Like many countries, Thailand seeks to balance patient safety and accountability with the responsibility of medical professionals. Society wants doctors to be motivated by the prospect of liability to engage in best practices and take reasonable risks with the welfare of their patients in mind. But it also doesn’t want high malpractice insurance rates or defensive medical techniques to stifle patient care or prevent doctors from entering the profession altogether.
The legal system addresses these concerns through both criminal and civil law. In a medical malpractice claim, the patient must prove that a healthcare provider owed them a duty of care, breached that duty, and caused harm or injury as a result. The patient may then pursue compensation for their injuries, including medical expenses, lost income, and non-economic damages such as pain and suffering or emotional distress.
In cases of gross negligence or willful misconduct, the healthcare provider may face criminal charges under Section 420 of the Penal Code. The patient can also file a civil case under the Consumer Case Procedures Act or the Medical Profession Act to seek compensation for their injuries.
As in many Western countries, the Thai courts generally limit compensation to verifiable or actual damage, and do not award damages for “intangibles” such as pain and suffering. However, the recent high profile cases of Medical Malpractice in Thailand have drawn attention to this issue, and there is hope that changes will be made in the future.
A patient’s legal right to pursue compensation for medical malpractice in Thailand is governed by the country’s Civil and Commercial Code (CCC). A claim must establish that a healthcare provider owed a duty of care, breached this duty, and directly caused harm to the patient.
Medical malpractice claims are generally prosecuted under civil law, but can also lead to criminal charges in cases of severe injury or death. Moreover, medical malpractice claims are often complicated by cultural factors. For example, patients may be reluctant to take legal action against doctors due to societal respect for healthcare professionals.
Examples of medical malpractice include misdiagnosis, surgical errors, medication mistakes, and failure to obtain informed consent. Informed consent involves full disclosure of risks and benefits of a procedure to ensure that the patient makes an informed decision about whether or not to undergo treatment. Non-disclosure of risks, or coercion to perform a procedure can amount to battery and negligence.
Victims of medical malpractice can suffer from serious physical and emotional trauma, as well as significant financial strain from a need for corrective treatments, rehabilitation, and lost income. Moreover, the experience of medical malpractice can damage patient trust in the healthcare system and prevent them from seeking future treatment.
Although Thailand has a relatively advanced healthcare infrastructure and offers free health insurance to the majority of its population, medical malpractice still occurs. Often, this results in serious injury or death. Consequently, it is important for individuals to understand the legal framework, types of claims, and the process for seeking compensation.
In some cases, medical malpractice can be prosecuted under Section 420 of the Penal Code. However, the vast majority of medical negligence claims in Thailand are civil in nature and are based on liability for wrongful act as established under the Thai Civil and Commercial Code. Compensation is awarded based on verifiable loss, including expenses and income losses, as well as intangible damages such as pain and suffering. However, awards for such intangible losses tend to be lower than those in certain Western countries.
Claims for compensation in medical malpractice cases must demonstrate that the healthcare provider owed a duty of care, breached this duty, and caused injury to the patient. This can be proved by submitting documentation, such as medical records, expert opinions, and witness statements. Victims of medical malpractice can face numerous consequences, including long-term health complications, emotional trauma, financial strain, and a loss of trust in the healthcare system. Additionally, the occurrence of medical malpractice can lead to the deterioration of overall healthcare standards.
In Thailand, medical malpractice is a serious issue that can have far-reaching effects on patients and the healthcare system. In order to recover compensation for medical negligence, victims must prove that the healthcare provider breached their duty of care and directly caused injury or harm. Damages awarded can include financial losses such as medical expenses and lost wages, as well as non-economic damages such as pain and suffering.
The medical malpractice system is complex in Thailand, with both civil and criminal laws at play. Civil law addresses tort liability, while the criminal laws address the punishment of medical professionals who commit gross negligence that results in serious injury or death to a patient.
For patients who suspect they have been the victim of medical malpractice in Thailand, an experienced lawyer can help them pursue compensation. The first step is typically filing a complaint with the Medical Council of Thailand, which is responsible for regulating the medical profession and investigating complaints of misconduct.
Once the Medical Council has investigated a claim, the next step is to file a civil lawsuit. In most cases, a lawyer will need to obtain an independent medical examination from another healthcare professional in order to establish the standard of care and how it was breached. Compensation in Thailand is awarded based on verifiable loss, and damages for intangible losses such as pain and suffering tend to be lower than in some Western countries.
