Medical Malpractice is a dark shadow over Thailand’s reputation as an advanced medical tourism destination. Although most medical tourists leave satisfied with their surgeries and treatments, a few do not.
Medical malpractice claims require evidence of professional negligence, and a qualified lawyer to navigate the legal complexities. In this series of blogs, we’ll explore the main elements of a medical malpractice lawsuit in Thailand:.
Patient’s Right to Informed Consent
As Thailand hospitals market themselves worldwide with news documentaries on Western TV and flashy brochures, the stories of those patients who have not been satisfied with a botched operation or procedure do not receive the same level of media coverage. Medical Malpractice in Thailand is real, and it can have devastating effects on a patient’s physical, emotional, and financial wellbeing.
Medical Malpractice is when a healthcare professional breaches the standard of care and causes injury, illness or death to a patient. This can include anything from misdiagnosis to surgical errors and medication mistakes.
A healthcare professional’s standard of care is determined by their qualifications, experience, prevailing medical practices, and the individual circumstances of a patient. This is why it is important to always ask a doctor for their credentials and to verify that they have a valid license from the Thai Medical Council. Injured patients can pursue compensation for damages, but damage awards in Medical Malpractice cases in Thailand tend to be lower than those in some Western jurisdictions.
Medical Malpractice Statute of Limitations
As Thailand’s reputation for medical tourism grows, more and more patients visit the country to receive treatment. While the majority of patients leave satisfied with their care and procedures, there are still cases where malpractice occurs. In these instances, patients may file for compensation.
Malpractice claims are based on negligence and the standard of care, and are typically filed as civil complaints against doctors, hospitals, and associated entities. Damages awarded in these cases are based on quantifiable losses, such as expenses and loss of income. Intangible damages, such as pain and suffering or disfigurement, are rarely awarded by Thai courts.
Patients who believe they have been harmed due to malpractice should seek out professional guidance. An experienced attorney can help guide them through the process and determine whether or not they have a valid claim. They can also help gather and document evidence, such as medical records, and consult with expert witnesses to assess the case.
Medical Malpractice Insurance
Medical Malpractice is any act by a healthcare provider that falls below the standards of practice in the medical community and causes injury or death to the patient. Whether it’s a botched surgery, an incorrect diagnosis or a failure to provide adequate treatment, it’s considered professional negligence that is punishable in Thailand.
In Thailand, a medical malpractice lawsuit is filed as an offense under the category of “Wrongful Act.” In most cases, the plaintiffs seek financial compensation and to have the perpetrator’s license revoked.
When making a medical malpractice claim, it is crucial to document all communications with the healthcare providers involved. A detailed record will help to prove the negligence that led to your injuries. Additionally, it’s important to consult with a qualified lawyer who has experience with these types of claims and understands Thai law. This will increase your chances of receiving fair compensation. Damages typically include expenses and loss of earnings, as well as emotional distress.
Medical Malpractice Lawsuits
While Thailand has a reputation for healthcare tourism and offers robust medical care, the country does not escape its fair share of malpractice cases. Malpractice lawsuits allege that doctors and hospitals have failed to meet the standard of care in their respective fields, causing injury or death to patients. This negligence may be due to misdiagnosis, surgical errors, medication mistakes, and lack of informed consent.
Nevertheless, the standard of care can vary depending on the doctor’s qualifications and experience; whether the patient is a new or returning visitor to their practice; and the unique circumstances surrounding the case. In general, the amount of compensation awarded for a malpractice claim is based on verifiable financial loss, including medical and rehabilitation expenses. Damage awards for intangible losses such as pain and suffering tend to be lower than in Western countries. For this reason, it is imperative for those seeking legal redress to access the most experienced medical malpractice attorney possible.