What is medical malpractice / personal injury?
· It is any act or omission by a medical practitioner / individual which causes harm, injury, disability or even death to a patient / claimant.
· Failure of a medical practitioner to diligently perform his or her duties.
· Providing unskilled, inadequate & neglectful treatment to a patient.
· Failure to diagnose and or to give the necessary treatment.
· Failure to warn the patient of possible and known risks of any treatment or procedure.
Medical Malpractice or Personal Injury claim
· There is no specific law that deals with medical malpractice in Thailand, however, it is treated as a wrongful act / omission under Title V, Chapter 1 of the Civil and Commercial Code, Section 420 (other sections and Acts may be applicable also. See below).
· It is essential that the act / omission cause the injury / death etc. therefore, your malpractice lawyer will seek crucial evidence to support this and may require expert witness testimony.
What should you do if you are a victim?
· As a local, and especially if a foreigner, you will need a specialised expert medical lawyer who is well versed with medical malpractice. Get a free initial consultation to discuss the merits of your potential case with us.
Is their a time limit?
· Yes, under the statute of limitations laws you may have up to 1 year from the date of the injury / cause of action becoming known. In some circumstances this maybe extended to 10 years. Note, that which ever time limit is applicable, the legal action must be submitted before that date otherwise even an excellent case shall be barred.
· When a personal injury / medical malpractice is such that the law deems it gross negligence then in that case the time limit maybe up to 20 years depending on the severity of the injury and of course in case of a death being caused. (Sec. 288-305 Thai Penal Code, Offence's Against Life and Body).
Punishment / Compensation.
· Sec. 291: Any act / omission which causes death punishable by up to 10 years imprisonment / up to 20,000 THB fine.
· Sec. 300: Any act / omission which causes grievous bodily harm punishable by up to 3 years imprisonment / up to 6,000 THB fine.
· Sec. 390: Any act / omission which causes bodily / mental harm punishable by up to 1 years imprisonment / up to 10,000 THB fine.
· No fault compensation is possible as per the National Health Security Act, BE2545 (2002) under the Thai Universal Healthcare System.
What if you signed a consent form?
· You can still claim if form not filled out and or signed correctly?
· Also may claim if all risks not explained and or understood?
· The consent if valid is for a particular procedure, however the practitioner performs a different in addition to the one consented? (Note, emergency situations may be excluded).
How long will the claim take?
· You can still claim if form not filled out and or signed correctly?
· Also may claim if all risks not explained and or understood?
· The consent if valid is for a particular procedure, however the practitioner performs a different in addition to the one consented? (Note, emergency situations may be excluded).