Medical Malpractice in Thailand is a pressing issue for both patients and healthcare professionals. While maintaining high standards of patient safety and accountability, Thai legal systems and healthcare institutions work in tandem to address instances of malpractice and uphold justice for victims.
Despite the high quality of many hospitals in Thailand, mistakes do occur and people suffer due to them. Injured victims deserve compensation.
Medical Tourism
Medical Tourism is a major industry in Thailand and as a result, Medical Malpractice claims are on the rise. This type of claim involves a physician’s failure to meet the standards of care in his or her profession, leading to significant injury or damage to a patient. It is important for medical professionals and hospitals to understand the legal framework, common types of Medical Malpractice, and how they can protect themselves from liability.
The combination of low costs, highly trained physicians and a tropical climate that is conducive to post-treatment rest and recovery have made Thailand a medical destination for patients from around the world. A recent study suggests that approximately 4000 UK residents travelled to Thailand in 2010 for medical treatment. The majority of these were women and most came from middle-income countries. The study found that a disproportionate number of claims involved general practitioners, which might be due to the use of trainee doctors and a lack of quality control mechanisms. The same study also noted that a small proportion of physicians in Thailand carry malpractice insurance and this might contribute to low levels of claims.
While there is a strong appeal for many Westerners to receive treatment in Thailand, the country has to overcome the obstacles that prevent this from happening on a large scale. For example, it is important to remember that Thailand is a hierarchically structured society and admitting mistakes can be seen as an embarrassment. In addition, the legal system in Thailand differs significantly from what most visitors are used to in their home countries.
Medical Practices
Medical malpractice in Thailand is defined as any act or omission by a medical practitioner that causes injury to the patient. It includes failure to diligently perform their duties, providing unskilled and inadequate treatment and a failure to warn patients of possible or known health risks. A medical malpractice claim can be filed by the affected patient through a civil lawsuit.
In cases of negligence that result in death or grievous bodily harm, the doctor may face criminal charges under Section 291.
While many healthcare professionals take precautions to ensure the safety of their patients, errors do occur. This is why it’s important that a patient knows the law and what to do if they have been injured by the negligence of a medical professional.
A medical malpractice attorney can help guide the patient through the legal process. They will assist the patient in identifying and collecting evidence, filing a complaint and negotiating with the doctors or hospitals for compensation. If negotiations fail, a medical malpractice lawsuit will be filed.
Malpractice claims in Thailand are governed by the Thai Civil and Commercial Code. Compensation is determined by a judge based on the victim’s quantifiable losses. The judge may also take into account other laws such as the National Health Security Act and the Consumer Protection Act in determining damages.
Medical Malpractice Law
In Thailand, medical malpractice laws provide a legal framework for healthcare providers to be held accountable for the negligent actions that result in harm or injury to patients. Understanding the legal standards, common types of medical malpractice, patient rights and the implications for healthcare providers is essential for individuals seeking compensation or defending against claims.
Regulatory bodies and healthcare institutions work to balance the objectives of accountability, patient safety, and professional integrity. They want medical professionals to be motivated to engage in best practices, occasionally taking calculated risks with their patient’s well-being as the top priority. However, they also do not want malpractice insurance rates to stifle innovation or discourage doctors from practicing in the country.
When claims of medical malpractice are made, the Thai Medical Council investigates the case and determines whether in its judgment the doctor has committed a wrongful act. It can then either warn or suspend the doctor’s licence and/or advise police to pursue a criminal investigation.
Individuals seeking compensation from a negligent healthcare provider must document their communication and interaction with the medical practitioner or facility; gather evidence including expert testimony, documentation of medical treatments and associated expenses; and file a claim in court describing the incident and the damages sought. Compensation is awarded for quantifiable losses, including medical and rehabilitation costs and lost income, and for emotional distress.
Medical Malpractice Compensation
Although Thailand hospitals are promoted as excellent by news documentaries and flashy brochures, the stories of those who have been harmed due to medical malpractice rarely receive equal attention. Injured patients and their families must deal with the consequences of botched operations in a legal system that often bears little resemblance to those that they might be used to at home.
The Thai healthcare and legal systems work together to maintain high standards of patient care and address cases of negligence. A key element of this is the Thai Medical Council, which records statistics regarding doctor misconduct and provides a complaint process. It will often advise police as to whether or not a criminal investigation is necessary in cases of suspected medical malpractice.
While there is always some degree of risk involved in undergoing any medical procedure, an experienced lawyer can help injured patients recover compensation for their losses. These losses include financial costs, including lost wages and future income, as well as intangibles such as pain and suffering.
Claims for compensation arising from medical malpractice in Thailand are typically brought under Section 420 of the Civil and Commercial Code, which provides that anyone who “wrongfully” causes injury to another is liable for damages. However, the standard of proof required to establish malpractice in a civil case is very high and the vast majority of claims are unsuccessful.