Medical Malpractice is negligence by a doctor or other healthcare professional that causes injury or death to the patient. It can include things like misdiagnosis, surgical errors, and prescribing unsafe medications.
Medical malpractice cases in Thailand are filed as a civil complaint, and damages awarded tend to be lower than in western countries.
Negligence
The legal definition of medical malpractice in Thailand covers acts and omissions by healthcare professionals that cause injury to a patient. This can include unskilled and inadequate treatment, wrongful diagnosis, or failure to warn patients of potential and known health risks. It also includes failing to adhere to accepted standards of practice.
In Thailand, compensation awards in malpractice cases are based on verifiable losses, such as medical expenses and loss of income. However, it is unusual for courts to award damages for intangible losses, such as pain and suffering.
Our medical negligence lawyers in Thailand are able to provide you with the best possible representation to make a claim against a healthcare professional for their breach of duty. A successful case requires evidence that the professional breached established levels of clinical medical practice in the jurisdiction and that this breach caused harm or injury to the patient. This will typically require expert witness testimony from other medical practitioners.
Injuries
Although Thailand has gained a reputation for medical tourism, its healthcare industry is not immune to malpractice claims. Malpractice involves a doctor’s failure to meet the standard of care in treating a patient. This can include a variety of issues, including misdiagnosis, surgical errors, and medication mistakes.
Injuries related to medical malpractice can be severe and even life-threatening. It is important to have legal representation through a lawyer experienced with Thailand malpractice cases. Your attorney can gather evidence and help you prove that the physician failed to provide proper treatment or services.
Compensation in medical malpractice claims is generally based on verifiable losses such as lost income, cost of future treatment, and pain and suffering. However, damages for intangible loss such as emotional shock and disfigurement are less common. Moreover, the amount awarded is usually lower than in Western countries. Claims for medical malpractice in Thailand are filed in either civil or criminal courts and must be brought within one year from the date when the wrongful act became known to the injured party.
Damages
Whether caused by misdiagnosis, surgical errors, medication mistakes or failure to obtain informed consent, medical malpractice can have devastating effects on patients and their families. As a country known for its healthcare industry and expanding medical tourism, Thailand places significant emphasis on maintaining high standards of patient care while balancing the needs of doctors and patients.
In general, compensation for medical negligence in Thailand is awarded based on verifiable financial harm such as loss of income or medical and rehabilitation costs. Damages for intangible losses such as pain and suffering are also often awarded but tend to be lower than in some Western countries.
While hospitals in Thailand receive substantial media coverage and promote their services with glossy brochures, the reality for some patients can be quite different. For example, many foreign patients who have had botched surgeries in Thailand are left to cope with expensive and painful repairs back home—repairs that are often not covered by their home health insurance plans.
Time limit
Despite Thailand’s renowned reputation for medical tourism, the country does see its fair share of malpractice cases. Such claims typically involve a healthcare professional failing to meet the standard of care in their field and resulting in injury or death to a patient. This can include misdiagnosis, surgical errors, medication mistakes, and lack of informed consent. The law allows for compensation to be sought via civil or criminal lawsuits.
When claiming damages, it’s important for your Thailand lawyer to be able to prove that the doctor or hospital acted negligently and caused injury or death. This is typically done by obtaining medical opinions from a qualified medical practitioner in the relevant field of medicine.
While many patients would be hesitant to take legal action against doctors, this is changing as more people become aware of their rights and what to look out for. In addition, many doctors working in public hospitals are required to have insurance to protect themselves from liability claims.
