Medical Malpractice in Thailand occurs when a healthcare professional violates standards of practice and causes injury or death. Understanding the legal framework, common types of claims, and compensation processes for victims is crucial to pursuing justice in Thailand.
Compensation awards are generally calculated based on verifiable financial loss, including medical and rehabilitation costs and past and future income. Intangible losses like pain and suffering are rarely awarded in Thailand, however.
Patient Rights Protection Act
Medical Malpractice is a serious issue within healthcare settings and it affects patients’ rights and safety. It occurs when a healthcare professional fails to provide the standard of care expected in their field, causing injury or death to their patient. Understanding the legal framework, types of claims, and process for seeking compensation is critical to navigating this complex issue.
Malpractice in Thailand is governed by a combination of civil law, criminal law, and professional regulations. Patients may seek damages through a civil lawsuit in cases of medical malpractice that result in injuries or death. Criminal charges may also be pursued in cases of gross negligence or willful misconduct by healthcare providers.
The main body that oversees doctor conduct in the country is the Thai Medical Council. This body collects statistics and investigates complaints of medical malpractice. The council can also advise police as to whether or not a criminal investigation is necessary.
The healthcare system in Thailand is regulated by the Universal Health Coverage Act, which allows patients to file a claim with the Subcommittee on Determining Initial Support Payment for compensation if they believe that they have been victims of medical malpractice. However, this option is only available to patients who received the medical treatment in question from one of the public hospitals covered by the universal healthcare system. The government is working to create a separate compensation scheme for private hospital patients who have suffered from medical malpractice.
Statute of Limitations
Although Thailand is a popular medical destination, and most patients walk away satisfied with their operations and treatment, the country is not immune to malpractice claims. The vast majority of cases stem from unprofessional behavior by healthcare professionals, which often results in injury or death.
Malpractice in the medical profession includes unskilled, inadequate or neglectful treatment, wrongful diagnosis and failure to warn of known risks and possible complications. It also relates to the violation of professional regulations and standards of care.
In the Thai legal system, a medical malpractice claim is filed in civil court and is subject to a statute of limitations, which typically allows a patient one year from when they became aware of the wrongful act in order to file a lawsuit. Unless the claim is filed within this time frame, it will be impossible to recover compensation for damages.
The medical malpractice laws in Thailand are complex, and they differ from those of many Western nations. A malpractice lawsuit must be based on fault-based liability, and the injured party must prove that the medical professional’s negligence directly caused their injury or death.
A skilled attorney can help medical tourists harmed by negligent care in Thailand navigate the legal framework and establish their claims. The first step to pursuing compensation is seeking proper medical attention and documenting all communications with your doctor or hospital, including test results, prescriptions and medical records. Your attorney will then seek expert opinions from other healthcare providers to determine the standard of care and how it was breached.
No-Fault Compensation
Obtaining legal redress for medical malpractice in Thailand can be a complex process. A lawyer with experience in this type of case is invaluable. They can help you document your communication with the physician and request all medical records. They can also assist with filing a complaint with the appropriate regulatory authorities or court system in Thailand. Compensation for medical malpractice claims in Thailand is typically based on verifiable financial harm, such as medical expenses and lost income due to the injury. However, damages for intangible losses such as pain and suffering or loss of consortium tend to be lower than in some Western countries.
Despite Thailand’s world-renown reputation for low cost, high quality health care at top private hospitals with foreign trained doctors and state of the art equipment, medical malpractice does occur, often resulting in significant injury or death to patients. A key government oversight body is the Thai Medical Council, which keeps statistics on doctor misconduct and investigates complaints against physicians.
Various professional organizations representing healthcare professionals and victims’ rights advocates have been pushing for some form of legislation on medical malpractice for some time, but the bill has yet to pass parliament. The issue is contentious because society wants to ensure that medical professionals are sufficiently motivated to engage in best practices and not afraid to take calculated risks, but it does not want to see insurance rates stifle the practice of medicine or for defensive medical techniques to be adopted that could erode medical standards.
Punitive Damages
In Thailand, medical malpractice claims are governed by a combination of civil and criminal law and professional regulations set forth by the Medical Council. Medical malpractice generally refers to a healthcare provider’s failure to meet accepted medical standards, which leads to injury or death of the patient. In such cases, patients can pursue compensation for damages through a civil lawsuit. The Civil and Commercial Code (CCC) sets out the basic legal framework for tort claims, including those involving medical negligence. Section 420 of the CCC states that anyone who, through a wrongful act, causes damage to the life, body, or health of another is liable for compensation.
Typical compensatory damages include the cost of treatment, loss of income due to present and/or future earnings, and non-economic damages such as pain and suffering. Intangible losses such as emotional shock and disfigurement are also awarded, though damages for these intangibles tend to be lower than what is seen in the United States or other Western jurisdictions.
For a medical malpractice case to be successful, it must be well-documented, with all relevant evidence submitted to the court. This includes witness testimony, medical records, and expert opinions regarding the standard of care and what actually caused the injury. It is also important to note that any medical malpractice claim must be filed within the statute of limitations.