Medical Malpractice in Thailand is regulated by a combination of civil and criminal law. The principal government oversight body for doctors is the Medical Council of Thailand, which maintains disciplinary procedures and keeps statistics on doctor misconduct.
To file a medical malpractice claim, a patient must prove the physician breached their duty of care and that this breach directly caused harm. Compensation is awarded based on verifiable damage, including expenses and loss of income.
Duty of care
Medical malpractice in Thailand is defined as any act or omission by a healthcare professional that falls below the accepted standards of medical practice and results in injury to a patient. This can include unskilled or inadequate treatment, wrongful diagnosis, and failure to warn patients of known risks. Malpractice claims are typically brought in civil court, although criminal charges may be pursued for gross negligence or willful misconduct.
Physicians in Thailand are licensed by the Medical Profession Act and must adhere to a standard of care set by the Medical Council. In addition, they must obtain informed consent from patients before performing any procedures. However, it can be challenging to prove that a doctor has committed malpractice. A medical malpractice attorney can help by enlisting the assistance of medical professionals to review case documents and provide expert opinions.
Moreover, it is important for claimants to document all aspects of the injury-causing event, including medical records, treatment and prescription histories, and any communication with healthcare providers. Photographs of injuries and an expert medical opinion can also support a malpractice claim. In addition, many healthcare professionals and hospitals in Thailand carry malpractice insurance to cover the costs of a successful claim.
Victims of medical malpractice can claim compensation for damages incurred as a result of the incident, such as medical expenses and lost income. In some cases, victims can even receive punitive damages in the event of severe injury or death.
Damages
While Thailand is renowned for its low cost, high quality health care in top private hospitals with foreign trained doctors and state of the art equipment, medical malpractice does occur and can result in serious injury or death. In addition to the physical trauma caused by malpractice, victims often face financial strain due to expensive corrective treatments and lost income. They may also suffer psychological stress from the loss of trust in the healthcare system.
Under Thai law, patients can pursue compensation for the resulting damage in both civil and criminal courts. The Civil and Commercial Code (CCC) defines medical malpractice as “an act which wilfully, negligently or unknowingly injures the life, body, health, liberty, property, rights or any other right of another person.” Compensation is generally awarded based on verifiable losses, such as expenses and lost income. Intangible damages, such as pain and suffering, are rarely awarded in Thailand.
Despite the legal framework and laws in place, the culture of Thailand’s medical industry can make it difficult for victims to take action against malpractice. However, if a patient follows the proper procedure and consults an experienced attorney as soon as possible, they can obtain adequate compensation for their injuries. This includes seeking immediate medical attention, collecting comprehensive evidence, and consulting with a medical expert to establish the standard of care.
Time limit
Although Thailand is renowned for its inexpensive and efficient healthcare, medical malpractice does occur, sometimes with serious consequences. Patients who believe they have been the victims of professional negligence have several options for seeking compensation. These include filing a lawsuit and making complaints to the medical council. A qualified lawyer can assist with pursuing a claim. The first step is to document the facts of the case, including symptoms, results, laboratory records and prescriptions. In addition, it is essential to obtain a medical expert opinion.
The legal definition of medical malpractice in Thailand includes acts or omissions by healthcare professionals that fall below the accepted standard of practice and cause injury to a patient. This can include unskilled or inadequate treatment, wrongful diagnosis and failure to warn about known health risks. Claims for compensation are usually based on verifiable losses, such as expenses and loss of income. However, it is rare for Thai courts to award damages for intangible losses, such as pain and suffering.
Proving a medical malpractice claim can be difficult, especially for foreigners who are unfamiliar with the country’s laws and culture. In addition, many people may feel hesitant to take legal action against doctors because they are held in high esteem in society and it could be seen as a lack of respect.
Filing a claim
Medical malpractice is a common problem that can have devastating effects on patients, including high financial losses and psychological distress. It can also result in wrongful death in the most serious cases. Fortunately, patients can seek compensation for these injuries by filing a claim. However, the process is complex and requires the assistance of an experienced attorney. Moreover, patients must obtain proper medical attention and collect comprehensive evidence before filing a claim.
Thailand’s legal system and healthcare industry work in tandem to promote patient safety and uphold accountability, but mistakes still happen. In addition, pursuing a malpractice suit can be complicated by cultural factors, as Thai society holds doctors in high regard and a medical malpractice lawsuit can be seen as disrespectful.
Fortunately, victims of medical malpractice in Thailand have the right to file civil claims and seek compensation for their losses. Compensation is typically awarded based on verifiable damages, which include expenses and loss of income. In some cases, victims may be entitled to punitive damages for gross negligence or willful misconduct. It is important to note that medical malpractice claims must be filed within a certain time period, known as the statute of limitations. Failure to file a claim within the time limit could result in forfeiture of your rights to compensation. If you are injured by medical malpractice in Thailand, you should consult with a qualified lawyer who can help you file a lawsuit and gather evidence.
