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Medical malpractice in Pattaya, Thailand, is viewed as a severe issue. It pertains to situations where medical professionals fail to competently perform their duties, leading to patient harm or injury. This could involve misdiagnosis, incorrect treatment, improper aftercare, or variations from standard healthcare protocols. Thailand’s medical malpractice laws are based on the Civil and Commercial Code, the Medical Profession Act, and relevant Supreme Court judgments. Plaintiffs need to prove that their medical professional’s actions were negligent and resulted in harm.
Undergoing a medical malpractice claim in Thailand requires an understanding of complex medical terminology, legal procedures, and negotiation skills. Lawyers specializing in medical malpractice can guide victims through the intricate process. You might need a lawyer if you suffer from delayed diagnosis, incorrect treatment, hospital infection, surgical mishap, anesthesia errors, or incorrect medication. Also, if a healthcare provider fails in their duty to inform you about the risks of a procedure, a lawyer could help you pursue a legitimate claim.
Medical malpractice falls under tort law in Thailand, and the responsibility of proof lies with the complainant. Claimants must demonstrate that the medical professional deviated from the standard duty of care, which led to their injuries. According to the time limitation provided by the Thai Civil and Commercial Code, a lawsuit for compensation of an injurious act needs to be filed within one year from the day the wrongful act or negligence became known.
1. Does Thailand have a cap on medical malpractice damages? Thailand does not have a limit or cap on medical malpractice damages. Compensation is decided on a case-by-case basis.
2. Can foreign patients file a medical malpractice lawsuit in Thailand? Yes, foreign patients who have experienced medical malpractice in Thailand can file a lawsuit under Thai law.
3. How long does a medical malpractice case take in Thailand? Depending on the complexity of the case and the court’s schedule, a medical malpractice case can take anywhere from two to five years, or more.
4. Can medical malpractice lawsuits be filed against private hospitals? Yes, the Thai Supreme Court has ruled that both private and public hospitals can be held liable for medical malpractice.
5. Is it necessary to have a lawyer represent you in a medical malpractice case? While it's not mandatory, it is highly recommended. Medical malpractice cases often involve complex medical and legal procedures, which can be challenging to navigate without professional help.
You can refer to Thailand's official Department of Health Services Support for more information about medical malpractice. The Lawyers Council of Thailand and various local non-profit organizations offer free or discounted legal advice and might assist with understanding your rights and the steps for filing a lawsuit.
If you believe you have a legitimate medical malpractice claim, your first step should be to consult with an experienced medical malpractice lawyer. A lawyer can assess your case and advise on the potential success of a lawsuit. Keep all medical records and evidence, as they will play a crucial role in proving negligence. It's also advisable to act promptly due to the time limitation of the claim.
