Medical Malpractice is a pressing concern in healthcare systems worldwide, including Thailand. It involves the failure of healthcare professionals to meet the standard of care expected in their field, leading to injury and harm.
Often, compensation claims involve quantifiable losses, such as loss of income and expenses. Damages for intangible losses are more rarely awarded.
Medical malpractice cases in Thailand are brought under Section 420 of the CCC, which states that anyone who causes injury to another person without justification is liable for compensation. Typically, compensation covers medical expenses, loss of income, and pain and suffering. In extreme cases of gross negligence, criminal charges may also be pursued.
Doctors in Thailand are highly trained and hold a high status in society. They are required to follow protocols and guidelines when treating patients. In addition, they are required to inform patients of any risks associated with a procedure and to obtain informed consent before performing any treatment.
Unfortunately, doctors in Thailand sometimes fail to meet these standards and patients are harmed as a result. When this happens, victims must seek justice through the Thai court system and often face a legal process that differs significantly from what they are used to in their home country. This makes it crucial to have a lawyer on your side.
Medical Malpractice in Thailand is a growing problem involving a lack of patient safeguards and healthcare providers who fail to adhere to accepted standards of practice. This can result in significant injuries to patients and even death. As a result, it is important for patients to understand their legal rights and how to protect themselves from potential medical malpractice.
The prevailing legislation in Thailand includes the Criminal Code of Thailand, which states that anyone who injures another with negligence is liable for compensation. In some cases, the perpetrator may also face criminal charges.
In general, compensation awarded in medical malpractice claims is based on verifiable losses. This includes lost income, hospital bills, and rehabilitation costs. However, damages for intangible losses such as pain and suffering are less common in Thailand than in some Western countries. In addition, compensation awards are typically lower for medical malpractice claims that involve foreign patients. As a result, patients should consult with an experienced Thailand lawyer before seeking compensation.
If you believe you or a loved one was a victim of medical malpractice in Thailand, it’s crucial to speak with a lawyer right away. Your lawyer can help you determine whether a medical professional has deviated from the acceptable standard of care and will help you file a claim.
In Thailand, compensation in malpractice cases is generally based on verifiable expenses and financial losses. Damages for intangible losses such as pain and suffering are less common, though they may be awarded in some circumstances.
A doctor may be sued for Medical Malpractice if their actions cause injury or death to a patient. This includes wrongful diagnosis, unskilled treatment, and failure to warn of known health risks. The main government body that oversees the medical profession in Thailand is the Medical Council, which keeps statistics on doctor misconduct and investigates complaints. Doctors that commit serious malpractice can be prosecuted under criminal law. The Medical Council also regulates licensing and standards for doctors in the country.
As Thailand has become a medical tourism hotspot, more foreign patients are being treated at local hospitals. While the majority of these procedures are done well, it is not uncommon for a patient to suffer from malpractice. Fortunately, there are medical negligence lawyers in Thailand who can help victims of such incidents.
These lawsuits typically require expert witnesses to testify that a physician violated established standards of practice. Moreover, compensation is often based on quantifiable financial losses. It is rare for a court to award damages related to intangibles such as pain and suffering or emotional distress.
In addition, foreign doctors in Thailand pay relatively little for malpractice insurance compared to their Western counterparts. As a result, many foreign patients who experience malpractice after traveling to Thailand may not be able to get the necessary repairs covered by their home insurance plans. This can leave them with significant out-of-pocket expenses.