In Thailand, medical malpractice refers to any act of negligence by a healthcare provider that results in injury or death of a patient. Malpractice claims are governed by both civil and criminal law, including the Civil and Commercial Code and the Medical Profession Act.
Foreign patients seeking compensation for professional negligence in Thailand face unique challenges, including navigating a complex legal system and proving that the malpractice directly caused their injuries. A qualified Thailand negligence lawyer can help.
Regardless of Thailand’s enviable reputation as a medical tourism hub, not every surgery goes according to plan. When that is the case and a patient is left dissatisfied with the quality of his or her procedure, it could be due to malpractice on the part of a doctor.
Misdiagnosis is one of the most common forms of medical malpractice in Thailand. It is when a healthcare provider fails to diagnose a patient’s illness or condition, which can result in improper treatment or a delay in treatment.
Compensation for malpractice claims in Thailand is generally based on verifiable financial losses. However, damages for intangible loss such as pain and suffering are typically lower than in some Western countries. A medical negligence attorney can assist in determining what compensation is fair for a claimant. A lawyer can also assist in navigating the legal system and negotiating with insurance companies or healthcare facilities on behalf of a client.
Medical malpractice in Thailand encompasses a wide range of acts and omissions by a healthcare professional that cause injury or harm to a patient. This includes unskilled, inadequate and neglectful treatment; failure to diagnose illness or injuries; surgical errors; and non-compliance with accepted standards of care.
These standards include informed consent, which requires that a patient be fully aware of any risks involved with a procedure. Non-disclosure of these risks could constitute battery (unauthorized physical contact) or negligence, depending on the circumstances.
Many hospitals in Thailand carry medical malpractice insurance to protect themselves from claims, but this coverage may not extend to patients. Furthermore, foreigners who pursue medical malpractice claims in Thailand may have difficulty navigating the local legal system, which bears little resemblance to what they are used to at home. It is important to seek compensation from an experienced attorney who can handle these complicated cases. In addition, complex medical evidence is often required to prove malpractice and causation.
Medical negligence claims in Thailand can be instituted in court based on the legal concept of liability for wrongful acts. Generally, compensation claims for malpractice must be filed within one year from the date of injury or loss. There are exceptions, however, in cases that also fall under the sphere of criminal law.
Medication errors can result from a variety of causes. Physicians may forget to transcribe or order the correct medication, or they may be distracted when administering it. Medication errors can also occur when pharmacists fail to double-check a prescription against a patient’s medical record, or when healthcare providers skimp on pharmacy staffing.
Medication errors are especially common in hospitals and clinics, due to a high population density and shortage of healthcare workers. These challenges can lead to long working hours without breaks, and in turn to fatigued medical professionals who are prone to making errors. A medical malpractice lawyer in Thailand can help ensure that all relevant documentation is present for such cases.
Informed consent is a key aspect of medical malpractice law. It requires healthcare providers to disclose all material risks associated with a procedure to patients. Failure to do so can result in negligence.
Medical Malpractice is a complicated issue that involves both legal and ethical considerations. Society wants medical professionals to be motivated to engage in best practices and occasionally take calculated risks with the welfare of their patients as their primary concern. However, societies also do not want medical malpractice insurance rates to stifle patient care or for defensive medical techniques to be adopted that would erode medical standards.
Thankfully, there are several avenues of recourse for patients who experience harm from medical malpractice. Victims can file civil lawsuits or make complaints to medical professional regulatory bodies. A reputable Thailand negligence lawyer can assist victims in navigating the complex legal process to recover fair compensation for their losses, including both quantifiable financial and intangible damages.