Best Medical Malpractice Lawyers in Bangkok

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Smart Legal Solutions

Smart Legal Solutions

Bangkok, Thailand

Founded in 2016
9 people in their team
We are experts assisting foreign clients to conduct their business and protect their investment in Thailand.Since one of the main concerns of foreign...

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  • Main Legal Measures to Protect Foreign Investment in Thailand
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A.G. Group Asia

A.G. Group Asia

Bangkok, Thailand

Free Consultation: 15 mins

Founded in 2022
20 people in their team
A.G. Group Asia is an Asian and European consulting and legal firm with a wide range of services. Our firm offers industry-focused experts who can...
lawyers for expats Thailand Co Ltd

lawyers for expats Thailand Co Ltd

Bangkok, Thailand

Founded in 2019
7 people in their team
 Lawyers for Expats Thailand has been set up to assist foreigners living in Thailand.We understand first hand the challenges and problems...

About Medical Malpractice Law in Bangkok, Thailand

Medical Malpractice Law in Bangkok, Thailand, just like in other jurisdictions, is used to govern the obligation of healthcare providers to offer services that meet certain standards. This legal field deals with any instances where medical professionals, hospitals, or other healthcare institutions fail to uphold a standard of care, resulting in harm or injury to a patient. In Thailand, such laws are mainly under the Civil and Commercial Code in combination with the Medical Profession Act, amongst other regulations and guidelines issued by relevant medical bodies.

Why You May Need a Lawyer

You may require a legal practitioner if you suspect that you or a loved one has been a victim of medical malpractice. Common situations could include: misdiagnosis or delay in diagnosis; surgical or procedural errors; medication errors; injuries sustained during birth; negligence in offering post-treatment care and, informed consent violations. A knowledgeable lawyer can help you understand your rights, guide you through the complex medical and legal jargons, and advocate for you in court or settlement negotiations.

Local Laws Overview

In Bangkok, medical malpractice falls under both civil and criminal law. The determination of guilt or negligence depends on whether the medical personnel involved failed to uphold the 'standard of care', a concept defined by perspectives from medical experts. It also considers if the damage was a direct result of this negligence. Furthermore, unlike other jurisdictions where punitive damages may apply, in Thailand only actual damages are awarded. A lawyer can better elucidate these laws and how they apply to specific cases.

Frequently Asked Questions

1. What is the statute of limitations for medical malpractice in Bangkok?
Typically, one year from the date of the incident or from the date the person became aware of the malpractice.

2. Can I sue a hospital for medical malpractice?
Yes, you can sue a hospital, a healthcare institution, or an individual practitioner for medical malpractice.

3. What do I need to file a medical malpractice lawsuit?
Proof of Doctor-Patient relationship, affirmation that the healthcare provider was negligent, link that negligence to the harm, and evidence of specific harm.

4. Are there any caps on damages in medical malpractice cases?
There are no caps on the damages; it depends entirely on the court's discretion in evaluating the losses and the severity of the harm.

5. What if I signed a consent form before treatment?
Even with a consent form, if the treatment deviated from the standard care of procedure, or if informed consent was not fully given in the first place, it is possible to still file for medical malpractice.

Additional Resources

Consider visiting law libraries, reaching out to the Lawyers Council of Thailand for legal referrals, or contacting professional bodies such as the Medical Council of Thailand and the Thailand Ministry of Public Health for medical-related guidelines and regulations.

Next Steps

If you need legal assistance, consider the following steps: Document all the events meticulously including all medical records, treatments and interaction with the medical professionals; seek legal consultation, ensuring the lawyer specializes in medical malpractice cases; ask them about possible outcomes and alternatives to lawsuits, like settlements or mediation; and finally, file a complaint with the appropriate medical licensing board. Remember, securing a lawyer skilled in medical malpractice cases in Bangkok is instrumental in achieving justice and/or compensation.

The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.