One of the biggest industries in Thailand is medical tourism. It is a phenomenon that has emerged because of former Prime Minister Thaksin Shinawatra’s plan to make the country into a medical hub and attract patients from developed countries with understaffed hospitals.
Doctors owe a duty to adhere to best practices while providing care to their patients. If they fail to do so, it can lead to medical malpractice claims.
Damages
Medical Malpractice in Thailand is a common issue with devastating consequences for patients. It can cause significant financial losses, including loss of income, medical expenses, and pain and suffering. It can also lead to wrongful death in the most serious cases. However, it can be challenging to pursue compensation due to cultural factors and a societal respect for doctors.
Malpractice claims in Thailand can be based on either civil or criminal law. Civil claims are typically filed under Section 420 of the Thai Civil and Commercial Code (CCC), while criminal cases can be brought under the Penal Code.
In general, the CCC sets forth principles of negligence-based liability, wherein a plaintiff must prove that their injury or harm was directly caused by the healthcare provider’s negligent conduct. Compensation is awarded based on verifiable damages, such as loss of income and medical costs. Intangible damages, such as suffering and disfigurement, are rarely awarded in Thai courts.
In addition, the CCC outlines procedures for seeking legal recourse, including filing a lawsuit and requesting compensation from the responsible party. A successful malpractice claim in Thailand requires careful documentation and an experienced attorney with a thorough understanding of the country’s laws and healthcare system. This includes enlisting the help of medical experts who can provide expert opinions on the standard of care and the cause of your injuries.
Time Limits
While Thailand is renowned for its inexpensive and efficient medical services, there are still instances of malpractice. Patients who believe they have been the victims of professional negligence have several options for seeking compensation and accountability. These include filing a lawsuit and making complaints to the medical council.
To succeed in a malpractice claim, a victim must be able to prove that the doctor breached accepted and established standards of professional medical practice and that this breach directly caused injury or death. This can be a difficult task, as it requires expert testimony on the specific circumstances of the case, such as what tests a competent doctor would have run in those same circumstances and how those tests might have helped to prevent or detect the medical error.
A successful medical malpractice claim can result in substantial financial compensation, including damages for quantifiable financial losses as well as non-financial injuries such as pain and suffering. However, a claimant must be prepared to stay in Thailand throughout the entirety of the legal process, which can last months or years.
Malpractice claims in Thailand are generally pursued under the general principles of liability for wrongful acts. Exceptions to this rule can occur when the malpractice falls under criminal statutes, in which case the legal process will be based on those laws instead.
Statute of Limitations
The time limit for filing a malpractice claim in Thailand is one year from the date the injury was discovered. However, as with many civil claims, this deadline is not always strictly enforced and exceptions may apply.
In a medical malpractice case, the injured patient must prove that the doctor breached their duty of care and that this breach directly caused their injuries. This requires expert testimony, which is typically provided by a qualified lawyer. In order to establish a breach of duty, the victim must show that their doctor failed to run the appropriate tests and that these tests would have helped them make an informed decision about their treatment options.
Medical malpractice claims in Thailand are prosecuted under the general principle of liability for a wrongful act. Compensation is typically awarded based on verifiable expenses and financial losses, while damages for intangible losses such as pain and suffering are less common. However, it is important to remember that Thailand’s healthcare system is heavily regulated by professional bodies and the Medical Council of Thailand will often investigate complaints.
Ultimately, societies want healthcare professionals to be motivated to engage in best practices and occasionally take calculated risks with patients’ welfare as the foremost concern. At the same time, they do not want high malpractice insurance rates or defensive medical practices to stifle quality patient care.
Disciplinary Actions
While Thailand’s medical tourism industry has gained worldwide acclaim, misdiagnosis and surgical errors can still happen. When these mistakes occur, victims are often left seeking compensation for their losses. However, getting justice can be a lengthy and complicated process in a country where the law on medical malpractice is unclear and foreigners face additional barriers when filing complaints.
According to the Thai Medical Council, the country’s principle government oversight body for doctors, there are disciplinary actions that can be taken against healthcare providers who violate professional standards. However, the council does not investigate all claims of malpractice and only a small number of cases make it to a full investigation. In addition, the Thai Civil and Commercial Code and Consumer Protection Act can provide grounds for claiming damages against hospitals or doctors.
For example, under the Civil and Commercial Code, patients who suffer a physical or mental injury due to a doctor’s negligence may claim compensation. In addition, under Section 291 of the Criminal Code, doctors can be held liable for death or grievous bodily harm when their negligence leads to injuries.
For this reason, engaging a lawyer who specializes in Medical Malpractice is highly advisable. They can help their clients gather and present evidence, navigate complex legal procedures, and negotiate with insurance companies on the victim’s behalf. They can also help their clients claim the maximum amount of compensation possible under Thai law.
