These are the basic you need to understand about medical malpractice in Thailand. Always speak to a lawyer in Thailand when considering medical malpractice litigation. Many would wonder what today is legal see as being medical malpractice. It is an act or omission by a medical practitioner which causes injury or death to a patient. It is the failure of the medical practitioner to diligently perform his or her duties. It is providing unskilled, inadequate and neglectful treatment to a patient.
What does medical malpractice include?
It includes failure of the medical practitioner to diagnose, or his failure to give the necessary treatment as well as his failure to warn the patient of possible and known health risks.
What law governs medical malpractice in Thailand?
Title V, Chapter 1 of the Civil and Commercial Code of Thailand which provides for the provisions regarding liability for wrongful acts governs medical malpractice. Medical malpractice is treated in Thailand as a wrongful act.
Can a person injured through medical malpractice institute a claim against the medical practitioner?
Yes. Thailand treated a medical malpractice as a wrongful act hence an action against a, medical practitioner can be filed in Thai Courts.
Is there a prescriptive period for instituting such claims?
Yes, Section 448 of the Civil Law of Thailand provides that a claim for damages arising from a wrongful act must be filed within one year from the day when the wrongful act became known to the injured person or ten years from the day the wrongful act was committed.
What is the Medical Malpractice Victim Protection Bill?
It is a bill pending its resolution in the House of Representatives of Thailand. The bill aimed at protecting the patients and providing compensation for patients who suffered from medical malpractice.