In Thailand, medical malpractice claims are addressed through both civil and criminal law. Civil cases are heard by a civil court and compensation awarded is based on quantifiable losses.
Society wants medical professionals to be motivated by the prospect of liability to pursue best practices, taking reasonable risks when necessary. However, it also doesn’t want high insurance rates and defensive medical practice to stifle patient care.
While Thailand has gained an enviable reputation as a medical tourism destination, medical malpractice lawsuits are also on the rise. The law provides victims with a number of rights and mechanisms to pursue justice and compensation. However, these cases can be complex and often involve significant legal considerations. For this reason, it is highly advisable to contact a medical malpractice lawyer in Bangkok as soon as possible.
Generally, medical malpractice claims are filed under civil law. This type of case involves any medical practitioner who fails to provide services that meet a certain standard and results in injury or death to a patient. In Thailand, this is defined as a breach of duty of care and negligence. The courts will consider the evidence presented in order to determine if the doctor or hospital was guilty of the wrongful act and if they owe a duty of care to their patients.
The court will typically award damages based on verifiable and actual financial harm. Damages for intangible losses such as pain and suffering are less common in Thai courts than in some Western countries. A judge will also consider other laws such as the National Health Security Act and Consumer Protection Act when determining compensation for medical malpractice claims. Moreover, the victim will need to document as many facts as possible to support their claim.
The Medical Council of Thailand is the country’s professional regulatory body for the medical profession. The Council has several functions, including: upholding the ethical standards of the profession; regulating medical practice; supporting medical education and research; uniting members and upholding their dignity; and advising the government on medical matters.
Generally, compensation for medical malpractice in Thailand is determined by a judge on the basis of a victim’s quantifiable losses. However, other factors may come into play in certain cases. For example, if the doctor’s actions were particularly negligent or grossly negligent, damages may be higher.
As well as assessing and investigating claims of malpractice, the Medical Council is also responsible for setting doctor conduct standards. The Council also keeps statistics about medical malpractice and has a complaints procedure.
In addition to the above, the Council is also responsible for educating medical professionals. In recent years, the Medical Council of Thailand has begun to place more emphasis on reducing the incidence of malpractice. This is in response to a growing sense of public dissatisfaction with the quality of medical services and an overall loss of respect for medical professionals.
As a result, the Medical Council of Thailand has launched a series of programs to promote patient safety and improve patient care. These include training sessions and workshops for doctors on how to better communicate with patients, as well as introducing patient-centred approaches to healthcare.
As Medical Malpractice in Thailand continues to rise alongside medical tourism, victims of ill-advised and botched procedures need legal representation. Unfortunately, this is difficult in a country where the hierarchy of traditional Thai culture places saving face above all else. As a result, victims who have suffered injuries due to malpractice often do not receive compensation or find that they are in a race against time as the process and rules for making a claim differ significantly from what they might expect back home.
In a Medical Malpractice lawsuit in Thailand, claims must be brought within one year from the date of injury and are based on liability for wrongful acts under the Civil and Commercial Code. A judge may also consider other laws such as the National Health Security Act or the Consumer Protection Act when determining compensation.
The principle government body overseeing the healthcare sector in Thailand is the Medical Council. It keeps statistics on doctor misconduct and has a complaint procedure. However, critics of the council suggest that it protects doctors too much and that the process should be overhauled to provide greater transparency.
In addition to creating a database of Medical Malpractice cases, the medical profession could benefit from a no-fault system for claims in which a doctor admits guilt and is willing to settle out of court. This would help to ease overcrowded public hospitals and allow more doctors to move into private practice where they have a lighter workload.
Medical Tourism in Thailand is on the rise, fueled by several health megatrends including an ageing population driving demand for anti-ageing medical procedures and a growing global middle class with money to spend on healthcare. The influx of patients has also overloaded public hospitals, creating incentives for doctors to leave for private clinics with lighter workloads.
However, it is still relatively rare for hospitals in Thailand to be successfully sued for medical malpractice. Moreover, when they are, damage awards tend to be lower than in some Western countries.
This is why it is crucial to seek legal advice in advance of seeking compensation for a medical malpractice claim in Thailand. A lawyer with experience in this area can help you navigate the complexities of the country’s legal system, which differs significantly from what many foreigners are used to at home.
DFDL’s Angus Mitchell, Partner; Managing Director, Thailand; Matthew Christensen, Legal Assistant to the Chairman and Kraisorn Rueangkul, Legal Adviser recently wrote an article in The Bangkok Post on medical malpractice laws in Thailand that will take on increasing importance as the country becomes a hotspot for medical tourism and some international health insurance providers start to cover procedures performed in the country.
While the article focuses on claims against physicians, it is worth pointing out that medical accidents can also occur at hospitals, dental and other care centres. Hence, the need for adequate liability insurance coverage is just as important for these types of establishments.