Although Thailand is renowned for its low cost, high quality healthcare at top private hospitals with foreign trained doctors and state of the art equipment, medical malpractice does occur. Such cases can be complex and involve multiple parties.
Medical Malpractice claims in Thailand are regulated by a combination of civil law, criminal law, professional regulation, and patient rights laws.
Civil Law
As a country known for its medical tourism, Thailand places a considerable emphasis on maintaining high standards in the healthcare sector and addressing cases of negligence. Medical malpractice refers to instances where a healthcare professional fails to meet the standard of care expected within their field and this failure causes injury or harm to a patient. This can include misdiagnosis, surgical errors, medication mistakes and a lack of informed consent.
Claims for compensation in medical malpractice incidents in Thailand can be made through a civil lawsuit or criminal prosecution, depending on the nature of the claim and the evidence. Your attorney will be able to advise you on which route is appropriate for your case.
In a civil lawsuit, the burden of proof is on the complainant to demonstrate that the healthcare provider failed to meet the standard of care and this breach caused harm or injury. This is typically done through expert testimony from medical professionals who are able to provide their opinions on the medical practice in question.
Damage awards in medical malpractice cases in Thailand are typically based on verifiable or actual loss, including expenses and lost income. It is rare that courts award damages for intangible losses such as pain and suffering, unless the negligence was particularly serious or catastrophic. As a result, damages in Thailand are usually lower than those in certain Western countries.
Criminal Law
A physician who commits medical malpractice may be subject to disciplinary action by the Medical Council of Thailand. This could include a warning, suspension or even revocation of their license to practice medicine. In addition, physicians who are found to have committed a criminal offense may be subject to fines or imprisonment.
Those who have been harmed by healthcare providers in Thailand must navigate a complex legal framework and address the challenges of proving negligence and causation. A qualified attorney can help victims of medical malpractice seek compensation and justice for their losses.
In general, medical malpractice is defined as a health care provider’s actions or failure to act that falls below the standard of care for that profession and causes injury or death to a patient. This includes wrongful diagnosis, improper treatment or surgery, and misrepresentation of information. A disproportionate number of medical malpractice claims involve general practitioners, perhaps due to the high volume of medical tourism in Thailand and a shortage of experienced physicians.
Patients in Thailand have a right to safe, competent healthcare that meets the standards of the medical profession. They also have the right to be fully informed about their medical condition and treatment options, including risks and benefits. A breach of these rights could lead to a medical malpractice claim under the Consumer Case Procedure and Product Liability Acts.
Professional Regulation
As Thailand becomes increasingly renowned as a medical tourism destination, it is essential for healthcare professionals to be mindful of the standards of practice required in this highly regulated industry. The legal system, healthcare institutions, and professional organizations work in tandem to balance patient safety and accountability while addressing instances of medical malpractice.
Section 291 of the Civil and Commercial Code states that a healthcare practitioner is liable for damages if their actions result in harm to the patient, including death. Additionally, Section 300 addresses cases of negligence that lead to grievous bodily injury. Moreover, a healthcare provider may also face criminal charges for violating the Medical Profession Act.
When bringing a claim for medical malpractice in Thailand, you must ensure that your lawyer is well versed in this complex and sensitive area of law. In addition to ensuring that all relevant documentation is properly filed, your attorney will seek the help of expert witnesses who can provide opinions on the standard of care in this field and whether or not the healthcare professional deviated from it. Compensation in these claims is based on quantifiable losses such as medical expenses and lost income, but damages for intangible loss such as pain and suffering tend to be lower than those awarded in certain Western countries. Nonetheless, your attorney will strive to achieve the maximum possible compensation for you.
Patient Rights
Patients have many rights under Thai law that must be respected and upheld by healthcare professionals. These rights include the right to privacy, the right to informed consent, and the right to receive safe medical care. Patients should always ask questions, communicate effectively with their doctors, and seek legal counsel if they are concerned about the quality of care they received.
In cases of alleged malpractice, it is important to work with an experienced attorney and gather all available documentation. Malpractice claims in Thailand are typically based on a doctor’s failure to properly diagnose an illness, surgical errors or other incidents involving physical injury or emotional trauma. However, a physician can also be sued for malpractice if they are responsible for a patient’s death as a result of negligence.
Disciplinary Actions
The Medical Council has the power to investigate complaints of professional misconduct or malpractice and impose disciplinary measures, such as suspension or revocation of a medical license. Regardless of the outcome of a medical malpractice claim, a physician’s reputation can suffer greatly from being accused of negligence.
Some experts fear that the medical tort system will decimate the understaffed Thai health system by jailing competent doctors for mistakes that could have been avoided with better communication and transparency between patients and their physicians. Others worry that high malpractice insurance rates will stifle medical practices and keep qualified doctors out of the profession altogether.