ทนายความ การประมาททางการแพทย์ ที่ดีที่สุดใน ภูเก็ต

1. About การประมาททางการแพทย์ Law in Phuket, Thailand

Medical negligence, or การประมาททางการแพทย์, refers to harm caused by a health professional's failure to meet the standard of care expected in Thailand. In Phuket, as in the rest of the country, liability may arise in civil cases for damages and, in certain circumstances, in criminal cases for gross negligence.

Thai law treats medical care as a professional service with a duty of care. If a patient or family member proves a breach of that duty and a resulting injury, compensation can be sought from the responsible medical practitioner or institution. Courts in Phuket apply national statutes and local procedures to determine fault and damages.

Under Thai tort law, fault-based liability requires a breach of duty that causes damage, even if the medical professional acted with intent or error in judgment.

Source: Civil and Commercial Code provisions on liability for fault and professional negligence are applied nationwide, including in Phuket. See official government sources for the exact articles and interpretations.

Practitioners in Phuket should be aware that both civil actions (to obtain compensation) and potential criminal matters can arise from medical negligence, depending on the facts. Prompt legal guidance helps protect rights in the early stages of a dispute or claim.

Key note for residents: start gathering medical records and hospital documents as soon as possible after an injury or adverse event, because timelines and evidence are critical in Phuket's court system.

2. Why You May Need a Lawyer

These are concrete, Phuket-specific scenarios where a medical negligence lawyer is commonly needed.

• You suspect a misdiagnosis in a Phuket private clinic that led to disease progression and additional treatment costs.
• A surgical error at a Phuket hospital caused nerve damage or impaired function, necessitating long-term rehabilitation.
• Post-operative infection or complications after a procedure in Phuket leading to extended hospital stays and financial loss.
• Medication errors at a Phuket hospital or pharmacy resulting in adverse reactions or hospital readmission.
• A birth injury claim where delayed or improper care in Phuket contributed to long-term disability for the newborn.
• Disputes over consent or disclosure where a patient claims insufficient information about risks before a procedure in Phuket.

In Phuket, medical negligence cases involve both the hospital or clinic and the individual practitioner. An attorney helps assess liability, gather evidence, and decide whether to pursue settlement negotiations or court action.

3. Local Laws Overview

Civil and Commercial Code on Liability for Fault (ประมวลกฎหมายแพ่งและพาณิชย์)

The Civil and Commercial Code governs civil liability for fault, including medical negligence. A claimant must show duty of care, breach, causation, and damages. These principles apply in Phuket through the same national framework as elsewhere in Thailand.

Effective practice relies on Article-based standards for fault and damages, with Phuket courts applying these articles to medical negligence disputes. Timelines and procedural rules are set by the Thai court system and relevant statutes.

Source: Civil and Commercial Code is published by the Royal Thai government and accessible via Krisdika for article references and official text.

For precise article numbers and official language, consult the Civil and Commercial Code on the government legal portal.

Medical Profession Act B.E. 2525 and Amendments

This act regulates the practice of medicine in Thailand, including licensing, professional ethics, and disciplinary actions by the Medical Council and related authorities. It provides the legal backdrop for professional accountability in Phuket facilities and individual clinicians.

Healthcare providers in Phuket operate under this statute as part of their professional duties, and violations can lead to sanctions that may intersect with civil liability claims.

Source: Official government references describe licensing and disciplinary processes under the Medical Profession Act and subsequent amendments.

Consumer Protection Act B.E. 2522

The Consumer Protection Act governs service quality and consumer rights in health care contexts. It can be used to address defective service, misrepresentation, or failure to meet promised standards in Phuket hospitals and clinics.

This act complements civil liability by focusing on consumer-friendly remedies and may support settlement discussions or claims for damages related to medical services received in Phuket.

Source: Government sources outline the act’s framework for protecting consumers in service industries, including medical services.

Additional notes for Phuket readers: venue for civil actions is typically the court with territorial jurisdiction over where the wrong occurred or where the defendant has an establishment. In Phuket, many actions are filed at the Phuket Provincial Court (ศาลจังหวัดภูเก็ต) or the relevant district court depending on the claim amount and parties involved.

4. Frequently Asked Questions

What is medical negligence in simple terms?

Medical negligence means a health professional failed to meet the standard of care, causing harm. It goes beyond a poor outcome or bad luck.

How do I start a medical negligence claim in Phuket?

Collect all medical records, treatment notes, and bills. Consult a Phuket-based attorney to evaluate the case and determine the proper filing venue.

When should I talk to a lawyer about a medical issue in Phuket?

As soon as possible after harm occurs or you notice a misdiagnosis or surgical error. Early evaluation helps preserve evidence.

Where do I file a medical negligence case in Phuket?

Most civil cases are filed at the Phuket Provincial Court or the appropriate district court, depending on the dispute value and parties involved.

Why is a lawyer needed in medical negligence cases?

A lawyer helps with evidence collection, expert opinions, settlement negotiations, and if needed, court litigation and post-trial matters.

Can I sue both a doctor and the hospital in Phuket?

Yes, you may sue both if they share responsibility for the harm. A lawyer helps determine the proper defendants and liability.

Should I accept a hospital settlement offer in Phuket?

Only after legal advice. Early settlements may be advantageous, but ensure the offer covers all current and future losses.

Do I need Thai language documents for a claim?

Most proceedings are in Thai. Your lawyer can arrange translations for medical records and expert reports as needed.

Is there a time limit to file a medical negligence claim?

Thai civil actions typically have prescription rules that limit how long you can wait. Consult a Phuket lawyer promptly to confirm deadlines.

What kind of compensation can I seek?

You may seek medical costs, lost earnings, pain and suffering, and future care needs, depending on the case facts and court rulings.

What evidence strengthens a Phuket medical negligence case?

Timely medical records, expert opinions, imaging results, consent forms, and hospital discharge summaries are key.

Can a medical error be a criminal matter in Phuket?

Gross negligence or intentional harm can raise criminal liability; talk to a lawyer about potential criminal and civil avenues.

5. Additional Resources

• Ministry of Public Health (MOPH) Thailand - Official source for health policy, hospital standards, and licensing requirements. https://www.moph.go.th
• Courts of Thailand - National court system for civil, criminal, and administrative cases, including Phuket-related matters. https://www.courts.go.th
• Office of the Public Relations and Consumer Protection Board - Guidance on consumer rights and service quality in health care settings. https://www.ocpb.go.th

These official sources provide policy context, procedural guidance, and consumer rights information relevant to Phuket residents seeking medical negligence remedies.

6. Next Steps

1. Define your objective - Decide whether you want compensation, accountability, or both, and note all harm and losses.
2. Gather evidence - Compile medical records, discharge summaries, imaging, prescriptions, and bills from the Phuket provider involved.
3. Identify potential defendants - Determine which doctors, nurses, hospitals, or clinics may bear responsibility.
4. Consult a Phuket lawyer - Seek an attorney with experience in medical negligence and Thai civil procedure to assess the viability of a claim.
5. Discuss strategy and costs - Clarify fee structure, potential expenses, and expected timelines before starting.
6. Consider early settlement - If a fair offer appears, obtain legal advice before accepting or declining any settlement.
7. Prepare for litigation or alternative dispute resolution - Your lawyer will guide you through mediation, arbitration, or court proceedings in Phuket.