Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Medical Malpractice Law in Chiang Mai, Thailand, falls under the Pillar of Health Law. It governs professional conduct among doctors and healthcare providers to ensure safe and effective patient care. Medical practitioners have a duty of care towards their patients, and failure to uphold this can be deemed medical malpractice. This may include: misdiagnosis, incorrect treatment, surgical errors, wrong prescription, failure to provide adequate follow-up care, etc.
You may need a lawyer if you believe you or a loved one has been a victim of medical negligence. Legal assistance is crucial in gathering sufficient evidence to prove malpractice, understanding the intricacies of Thai Laws, filing a legal suit within the statute of limitations, and representing you in court proceedings. Lawyers can also help in negotiating settlements, and in the unfortunate event of a trial, provide stringent legal defence.
The Thai Civil and Commercial Code provisions state that a professional owes their clients a duty of care. Medical practitioners are thus subject to criminal, civil, and disciplinary sanctions if they fail to exercise due care. Thailand also strictly enforces the Medical Council Regulations on Professional Ethics. Apart from proof of negligence, claimants must show that the harm they suffered was direct and exclusive result of the practitioner's misconduct, a principle known as 'causation'. Thai courts also apply the "neighbour principle" where a health professional owes patients, or 'neighbours', a reasonable standard of care.
1. What constitutes Medical Malpractice? Medical Malpractice involves negligence or unethical behaviour by a healthcare provider that results in harm or injury to a patient.
2. How long do I have to file a claim? In Thailand, a civil claim based on wrongful act must be filed within one year of the discovery of the injury and the person responsible for it.
3. Can I sue a hospital for Medical Malpractice? Yes, hospitals can be sued for their staff's negligence under certain conditions, like when the malpractice occurred within the course of employment.
4. Will I need to go to court? Not necessarily; lawyers often try to negotiate a settlement out of court. If settlement attempts fail, your case could proceed to trial.
5. Can I claim for emotional distress? Yes, compensation for medical malpractice in Thailand includes mental anguish, but its valuation is up to discretionary powers of the court.
You may consider visiting the Medical Council of Thailand or Department of Health Service Support for further information. The Thailand Consumer Protection Board and Office of the Ombudsman Thailand may also provide valuable resources in your case.
If you believe you have a case of medical malpractice, consult with a legal professional specializing in medical law. Gather all relevant medical documentation, remember specific details, and be prepared to discuss your case openly. Your lawyer will help guide you through the process from there, starting with an examination of merit, and potentially moving onto the filing of a lawsuit and representation in court proceedings.
