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The birth injury law in Khon Kaen, Thailand, falls under the jurisdiction of Personal Injury Law or Medical Law. A birth injury is a physical injury that occurs to a baby during childbirth. Proof of negligence on the part of the healthcare provider, such as the obstetrician, midwife or other medical personnel, needs to be established for a successful claim. Thai law offers protection to victims of birth injuries and their families, allowing them to seek compensation for medical malpractice.
Hiring a lawyer proficient in birth injury law is crucial in making a successful claim. They can assist in determining if there was negligence, preparing legal documents, and representing you in court. Situations that typically necessitate a lawyer include: serious injury or death occurred during birth; insufficient prenatal care; inadequate monitoring before, during, or after birth; or improper use of birth-related medical equipment.
Under Thai law, practitioners and medical institutions may be held accountable for any harm caused by lack of proper care or negligence. The suing party must show proof of the negligence, that it caused the injury, and that damages resulted. Thailand's statute of limitations for medical malpractice cases, which includes birth injuries, is typically one year from the date of the incident or when the injury became known.
What constitutes medical negligence in birth injury cases? Medical negligence can encompass a wide range of actions or failures to act, including misdiagnosis, incorrect treatment, or failed communication about treatment risks.
Can I still pursue a case if my child's birth injury was discovered a year after birth? The Thai law generally gives a one-year limitation from the time you discovered the injury. If you are within this timeframe, you can pursue the case.
What types of compensation can I expect from a birth injury case? Compensation can cover medical expenses, loss of earning, future care costs, and pain and suffering.
Can the mother also be compensated? Yes, if the mother also suffered due to the same act of negligence.
Can I settle a birth injury case out of court? Many birth injury cases are settled out of court. A lawyer can guide you in this process.
Additional resources could come from different governmental bodies and organizations related to health care and laws. These could include the Department of Health, local Thai governmental bodies charged with overseeing healthcare facilities, medical boards, and other legal ethnics committees.
If you believe you have a birth injury case, seek qualified legal guidance immediately. Document all events and facts regarding the birth and injury. Seek necessary medical care and opinions. Then consult with a knowledgeable lawyer who can help evaluate your case, prepare your claim, and guide you through the legal process to seek the compensation you deserve.
