Medical Malpractice occurs when a healthcare provider breaches their duty of care to the patient and this breach causes injury or death. Patients who believe they have been victims of medical malpractice are entitled to compensation.

Societies want their healthcare professionals to be motivated to engage in best practices and occasionally take calculated risks with the welfare of their patients as the paramount concern. However, they do not want malpractice insurance rates to stifle medical practice and encourage defensive medical techniques that erode standards.

Patient Rights Protection Act

Despite the quality of medical care in Thailand, sometimes things go wrong. As a result, there are a number of regulations and procedures designed to protect patients in the event that they are harmed by negligent healthcare providers. A comprehensive understanding of the legal framework and the burden of proof is critical to pursuing a successful claim for damages.

Generally, a court examines whether a healthcare provider complied with the “reasonably expected standard of care.” This involves comparing the healthcare provider’s actions with those of their peers and industry standards. In addition, the burden of proof is upon the patient to show that their injuries were caused by a breach of the standard of care.

Patients also have the right to demand complete, current information about their medical treatment. This includes the risks involved in any proposed procedure, as well as information about previous treatments that have been successful or unsuccessful. However, patients must ensure that the request does not infringe on anyone else’s privacy.

Nevertheless, the health ministry is concerned that the tort system could decimate an already understaffed health system by forcing competent doctors to quit or switch professions due to fear of malpractice lawsuits. As a result, it has drafted legislation that would create a fund that compensates victims of medical malpractice. The money would come from donations from government run hospitals, private hospitals that wish to be covered, and patients who have paid for health insurance through the state-owned National Health Security Administration (NHSA). Compensation would then be distributed to the victims within two months of a complaint being filed.

Medical Council of Thailand

The Medical Council of Thailand is the principle government oversight body for doctors in the country. It keeps statistics regarding doctor misconduct and has a complaint procedure for patients who feel they are victims of malpractice. The Medical Council will investigate the claims to determine if, in its view, malpractice did indeed occur. Then, it will advise police of whether criminal proceedings should be initiated.

Malpractice in the country is typically defined as healthcare professionals failing to perform their duties in accordance with accepted standards of practice. It may involve misdiagnosis, surgical errors or prescription mistakes. In Thailand, malpractice claims are often filed by foreigners. However, there has recently been a growing movement in the country to introduce legislation that would make it easier for Thais to pursue compensation for medical mistakes.

The law outlines patient rights, including the right to receive safe and competent healthcare that meets accepted standards of care. Other important provisions include the right to informed consent and the right to be compensated if injured by negligence or other improper treatment. Informed consent involves providing patients with all of the necessary information regarding a proposed medical procedure, including its risks and benefits. Failure to inform a patient of potential risks can constitute battery or negligence, depending on the circumstances. Similarly, coercion is also considered battery and can be grounds for a medical malpractice claim.

Statute of Limitations

Medical malpractice cases in Thailand present unique challenges, both for patients seeking compensation and healthcare providers defending against claims. It is important to understand these challenges in order to navigate the process effectively.

In general, the statute of limitations for medical malpractice claims in Thailand is one year from the date of injury. However, this limit may be extended in certain circumstances.

If a patient feels that they have been the victim of a medical error, they can file a claim with the Medical Council. This body is responsible for regulating the medical profession in Thailand and investigating complaints of malpractice. It also keeps statistics on doctor misconduct.

The Medical Council can also impose disciplinary measures, including suspension or revocation of a physician’s license. However, the council has criticized for failing to investigate complaints quickly enough.

Compensation in a medical malpractice case in Thailand is determined by the court. It can include compensation for a patient’s medical expenses, loss of income, and pain and suffering. In addition, the court can award punitive damages in cases of gross negligence or willful misconduct.

For foreigners who have been harmed by medical treatment in Thailand, a legal team with experience in Thai medical law can be essential. They can help you gather evidence and file a lawsuit in the appropriate court. They can also assist you in negotiating or settling your claim out of court.

Punitive Damages

Medical malpractice in Thailand is a complex issue that affects both patients and healthcare providers. For patients, it can be difficult to obtain compensation or accountability for medical errors, while healthcare providers face a number of challenges when defending against claims of malpractice. These include time limitations, complicated medical evidence, and proving negligence and causation.

Under Thai law, claims for medical malpractice are based on a combination of civil and criminal law, as well as professional regulations issued by the Medical Council of Thailand. Claims for compensation are filed in a civil court and must be brought within one year of the date of the injury, unless such claims also fall under the ambit of criminal law, in which case the period of prescription prescribed under the latter law will apply.

Claims for compensation in a medical malpractice case can include the cost of obtaining additional treatment to address any injuries resulting from the medical error, loss of income due to being unable to work, and punitive damages in cases of gross negligence or intentional misconduct. In addition, patients may also seek disciplinary action against the healthcare provider by filing a complaint with the Medical Council of Thailand. This can lead to a variety of penalties, including warnings, suspensions, and even revocation of a healthcare provider’s license.