Medical Malpractice in Thailand
With Thailand becoming a medical tourism hotspot, malpractice lawsuits are on the rise. These claims are based on violations of established standards of medical practice in Thailand.
In general, damages awarded are based on verifiable financial loss. However, compensation for intangible losses tends to be lower than in Western countries.
Causes
The number of Medical Malpractice claims in Thailand is rising as medical tourism grows. Foreign patients travel to Thailand for cheap and efficient procedures. But, the risks are high. Botched surgeries, wrongful deaths and serious injuries are commonplace.
A disproportionate number of claims involve general practitioners. This might be related to a shortage of physicians and the use of trainee doctors, but may also be due to a lack of quality control mechanisms in the country.
Moreover, Thai doctors pay relatively little for malpractice insurance. This may help keep costs low, but it can also hinder patient safety. As a result, many countries discourage their citizens from medical tourism in Thailand. Fortunately, Thailand negligence lawyers can help injured victims recover compensation. The amount of compensation awarded will depend on the evidence gathered and how the case is handled.
Legal Aspects
What many hospitals and medical tour companies gloss over in their slick brochures is the fact that patients may find it difficult to seek compensation through Thailand’s legal system. This is because it bears little resemblance to what a medical tourist might be used to in their home countries.
Medical malpractice lawsuits can be complicated and involve multiple parties. It is crucial to have the help of a Thailand law firm with experience in handling these cases.
In addition, compensation in Thailand is determined based on a number of different factors. In general, a victim’s entitlement to damages is based on their quantifiable losses under the Civil and Commercial Code. However, a judge can also consider other laws such as the National Health Security Act and Consumer Protection Act when awarding compensation.
Time Limits
Depending on the nature of the case, there are certain time limits associated with Medical Malpractice cases. If you wait too long, you may not be able to file a lawsuit.
In Thailand, any compensation claim for a medical malpractice incident must be filed within one year from the date of injury. It is recommended that you consult with a lawyer regarding the specific time limit that applies to your particular situation.
While there is always an element of risk with any medical procedure, it’s important to distinguish between that and gross negligence. An experienced medical negligence attorney can help you navigate the complex legal process and recover fair compensation. This includes compensating for medical and financial losses, as well as intangible loss like pain and suffering.
Insurance Coverage
As Thailand becomes a hotspot for medical tourism, malpractice laws are taking on an increasingly important role. Angus Mitchell, Partner; Managing Director, Thailand, Matthew Christensen, Legal Assistant to the Chairman, and Kraisorn Rueangkul, Legal Adviser recently wrote an article in The Bangkok Post that discussed the current rules.
Typically, physicians are required to carry medical malpractice insurance in order to hold their licenses. The insurance covers alleged mistakes in medical treatment, advice or diagnosis that result in injury and damages to patients.
Although medical malpractice in Thailand is relatively uncommon, it does happen. Many people who have been harmed in this way need the assistance of a medical malpractice lawyer. This can be a difficult process, and the time limits to file for compensation are very tight.
Getting Help
As Thailand hospitals promote themselves to foreign patients with slick brochures and news documentaries on Western TV, the patients and their families who have suffered from a botched operation or procedure get little air time. Yet they are the ones who have to find a Thailand lawyer and face a legal system that differs significantly from what they may be used to at home.
The process of instituting an action against a medical practitioner for malpractice in Thailand is complex and requires expert witnesses who can testify as to the standard of care and whether the healthcare professional deviated from it. Compensation in these cases is determined through a combination of factors including quantifiable losses and emotional distress. A successful claim can lead to substantial financial compensation.