By: Magna Carta Law Office

Medical malpractice refers to the negligence of professional duty by a health care provider in which the treatment provided to a patient falls below the recognized standard of medical practice which results in damage, injury, or death.

According to the Thailand Civil and Commercial Code, a person who, negligently or unlawfully injures the life, body or health of another person, is said to commit a wrongful act and is bound to make compensation, therefore.

According to the Consumer Case Procedure Act 2551 and Consumer Protection Act, any person who has been treated by medical services, whether from a government hospital or a private hospital, is defined as the consumer. Thus, if damages from Medical Malpractice occurred from such medical services, a Consumer Case can be filed with the court. In such cases, the claimant can gain benefits with faster court procedure and without court fee.

Getting a bad result from a medical procedure may not always be a proof of medical malpractice. If you suspect that you’ve been a victim of medical malpractice, the first thing that you should do is to start gathering relevant facts and documenting all the important details that you can possibly recall such as symptoms and results experienced, laboratory results, prescriptions, treatment dates, and procedures. You should contact a qualified lawyer as soon as possible to make sure that you get proper legal advice, that your claim is filed within the time limit, and to help you obtain the legal leverage necessary in proving to the court that a Medical Malpractice occurred.

According to the Thailand Civil and Commercial Code, a claim for damages arising from wrongful act must be filed within one year from the day when the wrongful act and the person bound to make compensation became known to the injured person, or ten years from the day when the wrongful act was committed. However, if the damages are claimed on account of an act punishable under the criminal law for which a longer prescription is provided, such longer prescription shall apply. 

Signing a consent form does not waive your right to file a malpractice claim; you may still be able to seek compensation for damages if negligence occurred during the medical procedure. An Informed Consent is an agreement a patient sign granting permission to a health care provider prior to a medical or surgical procedure or to a participation in a clinical study after being properly informed of the relevant medical facts, benefits, consequences, and possible health risks involved. Health care providers are expected to provide the standard level of care to their patients at all times, whether you were required to sign an informed consent or not. A signed consent form does not release the health care provider from any liability.