Medical Negligence Claims in Thailand: Your Rights and Remedies
- Thailand’s reputation for luxury hospitals and affordable healthcare has led to an increase in both local and international patients seeking medical care, raising the potential for medical negligence cases.
- The Consumer Protection Act, Consumer Case Procedure Act, and the Civil and Commercial Code provide the legal basis for filing medical negligence claims in Thailand.
- Patients can claim reimbursement for medical expenses, damages for work disability, transportation costs for treatments, and losses in earnings or career opportunities due to the negligence, with the possibility of punitive damages in severe cases.
Known for its luxury hospitals and affordable healthcare facilities, Thailand is experiencing an increase in both locals and foreign nationals seeking international-standard medical care.
With an ever-increasing number of people opting for medical care treatment, it can be expected that there will be situations where the standard of care may fall below what is expected, resulting in damages to patients.
In this article, WSR International commercial and legal experts discuss the potential remedies that those impacted by medical negligence can seek to redress any damages they may have suffered.
Understanding medical negligence
As in most countries, medical negligence in Thailand includes various forms, including surgical errors, treatment errors, misdiagnosis, and failure to provide an appropriate level of treatment.
To establish a claim of medical negligence in Thailand, the claimant must prove that their healthcare provider breached the necessary duty of care, and such breach has led to the claimant suffering from some sort of damage.
Legal framework governing medical negligence in Thailand
- Consumer Protection Act and Consumer Case Procedure Act: Under the auspices of Thailand’s Consumer Protection Act, B.E. 2522 (1979) and the Consumer Case Procedure Act, B.E. 2551 (2008), claims of medical negligence may be brought in front of the courts under the aforementioned acts.
- Civil and Commercial Code: Under Thailand’s Civil and Commercial Code (the “CCC”), claimants can file a lawsuit claiming medical negligence. Section 420 of the CCC states that a person who, wilfully or negligently, unlawfully injures the life, body, health, liberty, property, or any right of another person, is said to commit a wrongful act and is bound to make compensation therefore. As such, a claimant can bring a case of medical negligence against a healthcare provider under the CCC.
What damages can be claimed?
Under the CCC, a court in Thailand can grant a monetary award considering a successfully proven claim of medical negligence.
Compensation for medical negligence typically covers reimbursement for expenses related to the sustained injury from the medical malpractice, as well as damages for total or partial work disability, both currently and in the future. This may include expenses for transportation to a hospital for necessary treatments to rectify the damage, and losses in earnings, work opportunities, or career advancement due to the disability cause by the medical negligence.
Throughout court proceedings, the judge will determine the manner and the extent of compensation to be awarded to the claimant on the circumstances and the severity of the alleged medical negligence.
Can a claim be dismissed?
Under the CCC, a claim for damages must be made within one year from when the claimant first knew about the wrongful act and who caused it, or within ten years from when the wrongful act occurred.
Furthermore, if the alleged medical negligence involves the intake or injection of a substance or medication, a three-year prescription period under Section 131 of the Consumer Case Procedure Act can be applied.
Concluding remarks
The impacts of medical negligence can be serious.
It is crucial to ensure that any claims of medical negligence are handled with the utmost expertise and care. If you or someone you know has been affected by medical negligence, understanding your rights and the legal remedies available is essential.
WSR Law Group’s team of experienced commercial and legal experts is well-equipped to guide you through the complex world of medical negligence claims. Our team is dedicated to securing the compensation and justice you deserve.
