What is medical malpractice?
Medical malpractice occurs when a medical service provider fails to meet the accepted medical standards of practice, and this failure results in injury or death.
According to Thai law, the majority of medical malpractice cases would be considered a "wrongful act" as defined by the Thailand Civil and Commercial Code section 420.
Is financial compensation awarded for medical malpractice claim in Thailand?
Thai courts routinely award compensation for injuries caused to patients by the negligent or unlawful acts of their doctors, dentists, or medical providers.
How large are the damage awards in Thailand?
In general, awards are calculated based on verifiable or actual financial harm, such as lost income, medical and rehabilitation costs. Intangible loss, such as pain and suffering, and loss of consortium also awarded are in Thai courts. However damage awards in Thailand for intangible damages tend to be lower than in certain Western nations, such as the USA or the UK.
What are the first legal steps a person should take if they suspect medical malpractice has occurred?
Collect as much evidence as possible, such as medical records, second medical opinions (a medical opinion establishing physician error is very helpful) and receipts, and contact a lawyer as soon as possible. Medical malpractice claims need to be filed quickly because the statute of limitations is very short.
A victim of personal injury should also refrain from signing documents or making any statements to opposing parties, their lawyers or insurance companies in the case until legal advice is obtained. Avoid signing any waivers or documents without legal representation.