As Thailand develops into a medical tourism hub, more and more patients are seeking procedures there. Despite the overwhelming majority of medical tourists returning home satisfied, there are some who experience complications from their treatments.
In these instances, it’s crucial for patients to take the proper precautions and seek out reputable clinics. This includes verifying a doctor’s license and exploring their history of malpractice complaints.
1. Injuries and Deaths
As the medical tourism industry continues to grow in Thailand, doctors and hospitals are increasingly working to ensure that their patients receive the best care. But even in a healthcare system that strives for excellence and tries to maintain high standards, mistakes still occur.
Misdiagnosis, surgical errors, medication mistakes, and failure to obtain informed consent are all examples of medical malpractice. The consequences can be devastating.
However, achieving adequate and equitable compensation requires a thorough medical evaluation, expert physician review, and careful consideration of the evidence. As a result, damages are typically limited to quantifiable losses and may be lower than in some Western countries.
As a result, it is essential that victims take the proper steps to protect their rights and seek justice. These include seeking medical attention from another hospital, keeping detailed records of their interactions with doctors, and retaining qualified legal counsel to assess the merits of a case and provide advice.
2. Damages
While medical tourism is a major part of the Thai economy, and most medical tourists return home satisfied with their treatment, there are some who do not and seek legal redress for the harm they have suffered. This is why gaining a clear understanding of how medical malpractice claims are handled in Thailand is vital.
Malpractice by healthcare professionals may result in physical and emotional damages for patients. While it is often difficult to quantify these losses, there are certain steps that can be taken to ensure a successful claim.
Patients must SEEK MEDICAL ATTENTION if necessary, keep detailed records of their treatment and interactions with doctors and hospitals, and engage qualified legal counsel. A lawyer specializing in malpractice claims can help individuals navigate the complexities of Thai law and increase the likelihood of receiving financial compensation. Damages awarded in cases of medical malpractice in Thailand tend to be based on verifiable, quantifiable losses, as opposed to intangibles like pain and suffering.
3. Punishment
As the number of medical tourists visiting Thailand continues to rise, patients are increasingly seeking legal redress when they suffer harm due to malpractice. In order to successfully navigate this process, it’s important that victims GATHER AND DOCUMENT all pertinent information, including medical records, diagnostic reports, and communications with their doctors, and CONSULT a lawyer specializing in medical malpractice claims.
Medical negligence cases in Thailand are decided by civil law, and claimants may be awarded compensation for any verifiable losses they incur as a result of the alleged malpractice. However, award amounts for intangibles such as pain and suffering or disfigurement tend to be lower than those seen in certain Western countries.
In a recent case, a Nakhon Si Thammarat court convicted a doctor of three years in prison without probation for the 2002 death of a patient who suffered from cardiac arrest during anesthesia after an undiagnosed appendicitis operation. This is the first time that a physician in Thailand has been jailed for medical negligence.
4. Legal System
Medical tourists who become victims of Thailand’s medical malpractice face a complicated legal system. Claims are filed as civil complaints with the Thai Medical Council, which keeps statistics on doctor misconduct and investigates allegations of malpractice. However, these investigations often result in no further action or a recommendation that police investigate. Damage awards for intangible losses, such as pain and suffering, are also lower than those in western countries.
The healthcare and legal systems in Thailand are working together to maintain high standards of patient care and uphold accountability. This is difficult as many medical professionals lack proper training and may work under pressure to complete procedures quickly. In addition, foreign patients face limited options for compensation following their surgeries, since insurance plans rarely cover overseas repair expenses. Nevertheless, the legal system has been improving as medical tourism in Thailand grows.