ทนายความ การบาดเจ็บขณะคลอด ที่ดีที่สุดใน ประเทศไทย

About การบาดเจ็บขณะคลอด Law in Thailand

การบาดเจ็บขณะคลอด refers to injuries sustained by the mother or baby during labor and delivery. In Thailand, remedies come from civil liability for medical negligence and, in some cases, government schemes that provide compensation for harm from health services. The legal framework looks at whether the standard of care was met, whether informed consent was given, and how damages should be calculated.

Practitioners and hospitals may be liable for negligent acts or omissions that cause injury. Families often seek redress through civil lawsuits or through government programs administered by health authorities. Understanding your rights and the available pathways is essential to evaluating options and timelines. This guide outlines practical steps and key laws that commonly affect birth injury cases in Thailand.

“Patients have the right to safe and quality health services and to seek redress when harm occurs.”

Source: National Health Security Office and Ministry of Public Health guidance on patient rights and safety.

Why You May Need a Lawyer

Engaging legal counsel can clarify options, protect rights, and manage costs in complex birth injury cases. Below are concrete scenarios that commonly require legal assistance in Thailand.

• A baby sustains birth injuries due to improper use of instruments or delayed delivery decisions. A lawyer can assess whether standard of care was breached and help pursue compensation from the responsible clinicians or hospital.
• During labor, a medical team fails to monitor fetal oxygen levels, resulting in neonatal brain injury. An attorney can gather medical records, consult experts, and evaluate civil liability claims.
• Consent issues arise when risks of a cesarean section or instrumental delivery were not properly explained. A solicitor can determine whether informed consent was valid and advise on remedies.
• A hospital denies responsibility or disputes fault after a birth injury, delaying compensation. A lawyer can negotiate and, if needed, file a civil claim or pursue NHSO procedures.
• Postnatal infections or complications caused by hospital practices lead to long-term harm. Legal counsel can trace liability, advise on settlement options, and protect future claims.
• You want to pursue remedies under the National Health Security Act through NHSO. A lawyer can explain eligibility, documentation, and process steps for compensation.

Local Laws Overview

Thai law provides both general civil liability for wrongful acts and specific provisions related to health service quality and patient protection. The following laws are commonly cited in การบาดเจ็บขณะคลอด cases.

Civil and Commercial Code (กฎหมายแพ่งและพาณิชย์) - obligations and damages

The Civil and Commercial Code governs civil liability for fault that causes damage to others, including medical negligence. It sets out the fundamental rules for fault, causation, harm, and compensation. Lawyers rely on these provisions to claim damages for medical errors that injure a mother or child. For official texts and updates, you can consult the Thai legal portal at the government laws site.

Official text and amendments are published on the Thai laws portal: laws.dila.go.th.

Public Health Act

The Public Health Act governs the regulation of health services, hospital licensing, and safety standards in medical facilities. It supports patient safety requirements and oversight of service quality, which can form part of a negligence claim or an administrative remedy. The Act helps define the responsibilities of health facilities toward patients receiving childbirth care.

See official legal resources for the Public Health Act on the government laws portal: laws.dila.go.th.

National Health Security Act and NHSO Framework

The National Health Security Act establishes the National Health Security Office (NHSO) and the system under which beneficiaries receive services under the Universal Coverage Scheme. It also provides pathways for compensation when harm occurs in health services, including childbirth. This framework is particularly relevant if you seek a claim through NHSO instead of or alongside civil action.

National Health Security Office guidance and related resources are available at nhso.go.th.

Recent trends include ongoing efforts to improve patient rights and streamline compensation pathways for medical injuries through NHSO, as well as efforts to clarify hospital accountability under public health regulations. For the most current details, refer to official government resources below.

Frequently Asked Questions

What is a birth injury and how is it different from normal childbirth outcomes?

A birth injury is a harm that results from medical management during delivery, not from natural risk. Distinguishing it from expected outcomes requires medical review and expert opinion.

How can I prove medical negligence in a childbirth case in Thailand?

Proving negligence requires showing a breach of the standard of care and a causal link to the injury. Medical records, expert reviews, and witness statements are typically used.

When should I consult a lawyer after a birth injury occurred?

Consulting soon after the incident helps preserve evidence and preserves options for civil claims and NHSO processes. Early advice is recommended.

Where can I file a claim for medical malpractice in Thailand?

You may pursue civil claims in ordinary courts. If eligible, you can also pursue compensation under NHSO guidelines through the National Health Security Office.

Why might a hospital dispute liability in a childbirth injury?

Hospitals may argue about causation, contributory negligence, or the interpretation of informed consent. A lawyer helps evaluate and counter these positions.

Can I claim compensation through NHSO for childbirth-related injuries?

Yes, if you are a beneficiary under the Universal Coverage Scheme and the injury links to health service delivery. A lawyer can help assess eligibility and guide the process.

Should I sign a settlement with a hospital without a lawyer's advice?

No. Settlements can affect your rights and future claims. A lawyer can review terms, ensure fair compensation, and preserve rights to NHSO remedies.

Do I need a Thai lawyer to pursue a birth injury claim?

While not strictly required, a Thai lawyer familiar with medical negligence and NHSO procedures improves your odds. Language and jurisdiction familiarity matter.

How much could pursuing a birth injury case cost in Thailand?

Costs vary by case complexity, court time, and whether you win. Many lawyers offer initial consultations, with fee arrangements discussed upfront.

How long does the civil process typically take in Thailand?

Civil cases can take several months to years, depending on court backlog, evidence, and appeals. A lawyer can provide case-specific timelines.

Is there a cap on damages for birth injuries in Thailand?

Damages are generally calculated based on actual loss and impact, not a fixed cap. Civil codes guide compensation and may interact with NHSO remedies.

What is the difference between civil action and NHSO compensation?

Civil action seeks damages from faultful parties in court. NHSO compensation is a government remedy under the health security framework for eligible patients.

Additional Resources

These organizations offer official information and services related to การบาดเจ็บขณะคลอด and patient rights.

• National Health Security Office (NHSO) - Administers the Universal Coverage Scheme and guides patients on service rights and compensation pathways for medical injuries. nhso.go.th
• Ministry of Public Health (MOPH) - Sets health policy, regulates service quality, and oversees hospital accreditation and patient safety standards. moph.go.th
• Krisdika and Thai Laws Portal - Official government resource for Thai statutes, including the Civil and Commercial Code and Public Health Act texts. laws.dila.go.th

Next Steps

1. Document your injury and treatment. Gather medical records, delivery notes, consent forms, and hospital bills as a starting package.
2. Identify potential legal avenues. Decide whether to pursue civil liability, NHSO compensation, or both with a lawyer’s guidance.
3. Find a lawyer who specializes in medical negligence or childbirth cases. Ask about experience with birth injuries and NHSO procedures.
4. Schedule an initial consultation. Bring all records and ask about costs, timelines, and likely strategies.
5. Obtain a formal case assessment. Have the lawyer review evidence, liability, and potential damages carefully.
6. Decide on a strategy and retain counsel. Discuss fee arrangements, retainers, and any plan for early settlement or litigation.
7. Proceed with evidence gathering and negotiation. Your attorney coordinates with medical experts and insurance/payers as needed, with realistic timelines.