Medical Malpractice is a sensitive issue that raises serious questions about the safety of healthcare in Thailand. While society wants healthcare professionals to be willing to take calculated risks, they also want them to adhere to best practices and professional standards.

Fortunately, patients who believe they have been harmed by malpractice can pursue compensation in the Thai court system.

Patient Rights Protection Act

The Civil and Commercial Code of Thailand outlines a legal framework for patients who have been harmed by medical malpractice. This includes the right to sue the responsible healthcare professionals and/or hospitals for compensation. Generally, claims for medical malpractice are filed against healthcare providers based on the principle that they are liable for any wrongful acts that result in injury to others. In order to prove negligence, it must be demonstrated that a doctor breached their duty of care and that this breach caused harm to the patient.

The first step in filing a claim is to file the complaint with the Medical Council of Thailand. This is a government body that regulates the medical profession and investigates allegations of malpractice. The Medical Council will review the case and provide their opinion on whether or not malpractice occurred. They may also advise the police as to whether or not criminal charges should be pursued.

In Thailand, it is important to have an experienced lawyer who specializes in Medical Malpractice cases. They will be able to help you gather the evidence you need and support your claim. Compensation in Medical Malpractice cases is typically awarded based on quantifiable financial losses such as expenses incurred, loss of income, and pain and suffering. In some instances, damages for intangible losses such as disfigurement and emotional distress are included. The court can also award punitive damages in cases of gross negligence or intentional misconduct.

Civil and Commercial Code

The Thai Civil and Commercial Code provides a legal framework within which those who have been injured by medical malpractice can seek justice and compensation. While the law differs from western jurisdictions in several ways, a qualified attorney can guide clients through the process. In general, a patient must file a claim within a specific time frame known as the statute of limitations, and they must present evidence to support their case. This includes the medical records of their injury, correspondence with healthcare providers, and expert witness testimony.

Compensation in a medical malpractice claim typically involves damages to cover medical expenses as well as lost income. The courts may also award compensation for pain and suffering. However, it is rare for Thai courts to award intangible damages such as disfigurement or emotional shock, and these damages are unlikely to reach the levels seen in the US and other western countries.

Those who have been injured by healthcare providers can pursue medical malpractice claims through the courts or by submitting a complaint to the Medical Council of Thailand. However, many critics of the current system fear that the tort system could decimate an already understaffed health system by incentivizing future doctors to avoid risk and driving current practitioners out of their profession. In addition, the burden of malpractice claims can lead to higher insurance rates that stifle patient care.

Medical Profession Act

If a doctor or hospital has committed Medical Malpractice in Thailand, the injured patient can seek compensation for their losses. However, such claims are complicated and often require the assistance of a lawyer. The lawyer can help the client navigate the legal process and gather evidence to support their claim. They can also negotiate with insurance companies or healthcare facilities on the victim’s behalf and represent them in court if necessary.

In the case of Medical Malpractice, the damages awarded are based on the actual loss suffered by the patient. This can include expenses, loss of income, and pain and suffering. Intangibles such as disfigurement and emotional shock are generally omitted from compensation awards, and such damages tend to be lower than in Western jurisdictions.

It is important to note that the Medical Profession Act outlines a standard of care for doctors. This includes ensuring that patients are fully informed about the risks involved in any procedure and have the right to refuse treatment without prejudice. It also outlines the minimum standards of training, knowledge and experience required for doctors and hospitals in order to provide safe treatment.

In the event that a doctor commits an offence, they can face fines and imprisonment under this law. The Medical Profession Act also states that the patient has the right to demand compensation from a doctor who has committed a breach of duty.

Punitive Damages

Medical malpractice occurs when a medical service provider fails to meet accepted standards of care and this failure results in injury or death to the patient. It is a legal term that applies to a variety of health care services such as surgery, dental and other oral services, and medication. Medical negligence claims are governed by a combination of civil law, criminal law, and professional regulations.

Typically, medical malpractice claims are filed for compensation to cover the financial costs of the victim’s injuries. Damages are awarded based on verifiable losses such as lost income, expenses for the treatment of the injuries and the cost of any physical rehabilitation. Non-monetary damages such as pain and suffering and loss of consortium are also awarded by the courts. The courts have the discretion to award punitive damages in cases of gross negligence or intentional misconduct.

As Thailand continues to attract increasing numbers of medical tourists, the number of cases involving medical negligence is expected to rise. It is essential for healthcare providers to have a strong understanding of the legal framework, common types of medical malpractice, and the rights and responsibilities of patients. This will help them in preventing the occurrence of medical malpractice and improving patient safety. In addition, the medical industry must foster a culture of transparency and accountability.