Medical Malpractice in Thailand is a breach of duty of care and negligence that causes injury or death to patients. It is generally accepted that all medical procedures have some level of risk.
Miss Chanwalee Srisukho, a representative for The Medical Council of Thailand warned the doctors to treat their patients with care. Her message was mainly aimed toward obstetricians and gynaecologists as they receive a lot of medical malpractice lawsuits.
Statute of Limitations
Medical malpractice lawsuits in Thailand can be filed under both civil and criminal laws. Depending on whether the case falls under the consumer protection law or criminal statutes, there are different time limits for filing a claim.
In civil cases, the injured party has one year to file a complaint under Section 420 of the Civil and Commercial Code. Damage awards in Thailand are based on verifiable financial loss, including lost income and medical costs. Compensation for intangible losses such as pain and suffering and loss of companionship may also be awarded, though damage awards tend to be lower than in Western countries.
Since the advent of the universal healthcare system under the National Health Security Act BE2545 (2002) in 2002, awareness of patients’ rights has risen in Thailand. This has increased the number of medical negligence cases, especially those involving foreigners. SIAM CENTER LAW GROUP is an experienced Thailand law firm that provides legal services for clients with medical malpractice claims throughout the country.
Can a Victim of Malpractice Seek Compensation Without Legal Action?
As Thailand’s reputation as a medical destination continues to grow, medical malpractice claims are on the rise. While most medical tourists return home satisfied with their treatment, some do not. The occurrence of malpractice raises concerns over the country’s capacity to handle such cases.
Medical malpractice is defined as professional negligence by an act or omission that falls below the standard of care in the medical community and causes injury to the patient. The Thai court system protects patients who sustain medical malpractice injuries through the Commercial and Civil Code’s liability for wrongful acts.
However, proving negligence is challenging in hierarchically structured societies where saving face is an important value. This is especially true when it comes to doctors and surgeons. As a result, damages awarded for intangible losses tend to be lower than what is awarded in Western nations. Nevertheless, patients who suffer from medical malpractice should contact a Vize Counselor Thailand clinical negligence lawyer to discuss their case.
Can a Foreigner File a Malpractice Suit in Thailand?
In cases of medical malpractice, it is important for victims to find attorneys that have experience handling these claims. It is also crucial that the plaintiff remain in Thailand during the entirety of the trial, which can last months or even years.
Medical malpractice refers to the act or omission of a health care practitioner that falls below the standard of practice in the medical community and causes injury or death to a patient. This can include unskilled, inadequate, or neglectful treatment as well as wrongful diagnosis and failure to warn patients of known health risks.
A lawsuit is typically filed in civil court and must be made within a year from when the wrongful act became known to the injured party. Damages are awarded based on verifiable and actual financial harm. Intangible damages such as pain and suffering are less common in Thai courts than in certain Western countries. These damages may be awarded if the defendant is found guilty of negligence.
How Can a Thai Lawyer Help?
The first step in a medical malpractice claim is to document as many facts as possible, including symptoms, results, laboratory records, prescriptions, and treatment dates. Next, a victim should contact a qualified legal professional as soon as possible.
The term “medical malpractice” refers to the act or omission by a medical practitioner that causes injury to a patient. It can include unskilled, inadequate, or neglectful treatment as well as failure to properly diagnose and warn the patient about possible health risks.
Legal services providers in Thailand are generally highly specialized and often work with foreign clients in special situations related to business, family, immigration, real estate, intellectual property, and other areas. They can also provide a full range of legal support services in the language of the client’s choice. They are a good option for clients who need high-quality legal services in the most convenient manner possible.
