Medical Malpractice

There’s no denying of the medical tourism boom in Thailand and the advantages of seeking medical treatment here: low costs, high-quality treatment, and well-trained physicians. Thailand has long since joined emerging countries like India that offer an inexpensive solution to rising healthcare problems. However, even state-of-the-art facilities and top doctors cannot guarantee that no medical malpractice occurs.

This is true not only in Thailand but for the rest of the world as well. In this article, we briefly examine the medical malpractice laws in Thailand and what you need to consider when initiating a malpractice lawsuit. The article is not intended to provide you with legal advice, and it would definitely benefit you to seek out the services of a Thai lawyer so accurate legal counsel can be provided.

What is Medical Malpractice?

First of all, medical malpractice claims can be filed in Thai courts. Medical malpractice is defined as an act or omission by a medical practitioner which causes injury or death to a patient; failure of the medical practitioner to diligently perform his or her duties; and providing unskilled, inadequate, and neglectful treatment to a patient.

It also includes failure of the medical practitioner to diagnose, to give the necessary treatment, and to warn the patient of possible and known health risks.

What laws and rules of evidence are the bases for Malpractice Claims?

There are no specific laws that deal with medical malpractice in Thailand. Instead, Title V, Chapter 1 of the Civil and Commercial Code of Thailand governs medical malpractice which is treated as a wrongful act.

Finally, it is important to establish that a medical practitioner committed medical negligence or acted unlawfully; failing to meet standards of medical practice and that injury or death was the result of his actions. This will serve as crucial evidence for your malpractice lawyer to support your medical claims. One of the most important pieces of a malpractice lawsuit will be a testimony supporting your case that comes from a medical expert witness.

What are the Difficulties for Foreigners When Filing a Malpractice Claim?

Although Thailand’s Civil and Commercial Code does allow for medical service users legal compensation, foreign patients often have a difficult time filing for medical malpractice for a number of reasons:

They may be required to remain in Thailand until the trial is completed. Aside from legal costs, the additional travel and living expenses may be considerable.

It becomes very difficult to prove a case because patients filing for malpractice cannot usually get access to medical records.

For foreigners, they may not be used to dealing with a very different court system. In Thailand, judges are used, instead of juries. Plus all evidence, whether written or oral, have to be translated into the native language of Thai. Often, foreigners will not know what is going in court proceedings.

Choosing the right law firm to assist you

G.A.M. Legal Alliance can help you sort out your medical malpractice concerns in Thailand. With our experienced team of personal injury lawyers, we can guide you through the step-by-step process towards ensuring that you gain compensation for your medical claims. Call us today at 02 611 2881-2 and speak with our legal representatives or visit us at our office for a FREE consultation!