Medical harm is a major health concern globally and data from Thailand shows that about 400,000 visits in inpatient departments involve potentially unsafe care per year. Medical malpractice lawsuits in Thailand are governed by civil law, including the Civil and Commercial Code (CCC).
Compensation for damages is awarded based on verifiable losses. Intangible losses such as pain and suffering are also compensated, but awards tend to be lower than in Western countries.
Statute of Limitations
Known worldwide as a destination for medical tourism, Thailand’s healthcare system has earned a reputation for quality and affordability. In the vast majority of cases, patients walk away satisfied with their medical procedures and happy with the results. Despite this, healthcare professionals and institutions are not immune to malpractice claims.
Whether the issue is misdiagnosis, surgical errors, medication mistakes, or failure to obtain informed consent, medical malpractice in Thailand can cause serious injury and death to patients. In such cases, patients may seek compensation from the healthcare providers responsible for their harm by filing a civil lawsuit or complaining to the Medical Council of Thailand.
However, pursuing legal action or a complaint against a healthcare provider in Thailand is not without its challenges. The legal framework and the process of proving negligence and causation are complex and require the assistance of a lawyer with experience handling medical malpractice cases.
To file a claim, patients should document all interactions with their doctors and hospitals meticulously. In addition, they should seek legal consultation as soon as possible. A qualified legal professional can assist with the documentation process, provide advice about the best course of action and recommend healthcare professionals who can help. Claims against doctors are typically filed in civil court and must be made within a year from the date when the wrongful act became known to the affected party.
Damages
A successful Medical Malpractice claim can result in substantial compensation. However, the amount awarded will depend on a number of factors, including the extent of the damage suffered and the level of negligence involved. A claimant must be able to prove that their healthcare provider breached professional standards and that this breach directly led to injury or death. This will typically require complex medical evidence, which will be examined by expert witnesses.
A disproportionate number of malpractice claims involve general practitioners in Thailand. This may be due to a lack of quality control measures at these hospitals, or it could indicate that medical professionals in Thailand are more likely to make mistakes. In addition, doctors in Thailand pay relatively low rates for malpractice insurance, which may lead to defensive medical practices and a reluctance to take risks.
As a result, it is important for patients to understand their rights when seeking treatment in Thailand. This can help them avoid pitfalls and ensure that their treatment meets acceptable standards. Moreover, it is vital to have an experienced attorney to guide them through the process. A Thailand negligence lawyer will be able to ensure that the necessary documentation is obtained and that the evidence is presented effectively. In addition, they will be able to advise on the appropriate level of compensation for their losses.
Time Limits for Filing a Complaint
While there is no guarantee that anyone who suffers medical malpractice will receive compensation, it’s important to be informed of the process. This knowledge can help people take steps to protect their rights and ensure that any harm suffered does not go unaddressed.
This includes knowing the time limits for filing a complaint, which can differ depending on whether a case falls under consumer protection laws or criminal statutes. In general, a claim for damages must be made within one year from the date of injury. However, in cases where a doctor is also guilty of a criminal act punishable by law, the prescription may be longer.
Many foreign patients who are victims of medical negligence in Thailand seek to make a claim through the courts, but this can be difficult. The courts do not have the resources to investigate every possible claim and oftentimes the alleged victims do not have the evidence necessary to prove their case.
As a result, the vast majority of medical malpractice claims in Thailand are settled through negotiations with the doctor. The process can be lengthy and frustrating, but it is worth the effort if you believe that you have been injured by malpractice.
The medical industry is very complex, and it’s not uncommon for mistakes to be made. While it’s always best to be cautious, most medical professionals are highly trained and should not be accused of negligence unless the circumstances are clear cut.
Representation
Many medical malpractice claims involve complex medical evidence that requires expert testimony to interpret and explain. A successful claim can result in substantial financial compensation. Intangible losses such as pain and suffering are also compensated, although in Thailand these awards tend to be lower than in some Western countries.
Patients who have been harmed by a doctor or hospital in Thailand may be entitled to compensation under the country’s legal system. Physicians are required to carry malpractice insurance, which covers alleged mistakes in treatment, advice, or diagnosis that cause injury and harm to the patient. However, it is challenging to prove that a physician in Thailand has committed malpractice. Documentation is key, and an attorney experienced in this type of case can enlist the help of medical professionals to review and provide expert opinions on the standard of care.
Malpractice lawsuits are complex, as they pit two competing interests: a patient’s right to receive quality care and a doctor’s right to protect his or her reputation. The healthcare industry, legal system, and regulatory bodies seek to balance these competing objectives by promoting accountability, improving transparency, and ensuring high standards of care.
While Thailand’s healthcare industry is world-renowned for its inexpensive and efficient services, there are still instances of medical malpractice that occur. Injured patients must act swiftly to preserve their rights and pursue justice.
