ทนายความ ความประมาททางวิชาชีพ ที่ดีที่สุดใน พัทยา

1. About ความประมาททางวิชาชีพ Law in Pattaya, Thailand

ความประมาททางวิชาชีพ refers to a failure by a professional to meet the standard of care expected in their field, resulting in harm to a client or patient. In Pattaya, damages arising from professional negligence are typically handled under Thai civil law and the specific rules governing professions. This area often involves medical, engineering, architectural, and financial services where expertise is critical.

Thai law frames professional negligence as a tort or breach of fiduciary duty, which can trigger compensation for actual losses, plus possible court costs and interest. Courts in Pattaya rely on expert testimony to determine whether the standard of care was met. Practical outcomes depend on the nature of the professional service and the evidence available.

2. Why You May Need a Lawyer

• Medical misdiagnosis at a Pattaya hospital A patient suffers harm after an incorrect diagnosis. You may need a lawyer to obtain medical records, consult independent experts, and evaluate a potential negligence claim against the treating clinician or facility.
• Wrongful treatment or surgical error in a Pattaya clinic Postoperative complications arise that a physician could have avoided with proper care. A lawyer can help with causation analysis and gathering liability evidence.
• Construction or engineering defects in Pattaya real estate developments A condo or villa project shows serious structural or design flaws. An attorney can coordinate engineer reports and pursue claims against developers or professionals involved.
• Professional misrepresentation by a Pattaya property broker If a real estate agent fails to disclose known defects, you may have a negligence or misrepresentation claim that requires legal action and negotiations.
• Accountancy or financial advisory errors harming a Pattaya business If a consultant or auditor delivers negligent advice that causes financial losses, a lawyer can assess liability and start proceedings.
• Failure to maintain professional standards by a Pattaya service provider For example, a contractor, architect, or engineer whose negligence leads to costly damages, where expert testimony is needed to prove standard of care.

3. Local Laws Overview

Civil and Commercial Code - Tort Liability (Book III)

The Civil and Commercial Code provides the core framework for tort claims, including professional negligence. It covers duties, breach, causation, and damages, and it is the primary basis for seeking compensation in Pattaya courts. The Code is maintained by the Thai government and is applied nationwide, including Chonburi Province where Pattaya is located.

Key elements typically required are proof of duty of care, breach of that duty, causation linking the breach to damages, and actual losses. Courts assess expert testimony to establish whether the professional met professional standards in the relevant field.

Medical Profession Act B.E. 2525

This act regulates medical professionals and the standard of practice for medicine in Thailand. It governs licensing, professional conduct, and disciplinary measures when care falls below accepted standards. In Pattaya, medical negligence claims may rely on this Act alongside civil tort theory to determine liability.

Enforcement is carried out by relevant medical oversight bodies and, when applicable, through civil litigation in courts. The Act complements general tort principles by setting professional expectations for health care providers.

Consumer Protection Act B.E. 2522

The Consumer Protection Act supplements professional liability by safeguarding consumers against substandard services. It can apply to professional service providers whose conduct affects consumers in Pattaya, including disclosure failures, misrepresentations, or deficient services. Claims under this Act can co-exist with tort claims in the same matter.

The Act emphasizes remedies such as compensation, mandatory corrective actions, or penalties for unfair or deceptive practices. It is a useful tool for clients seeking redress when standard professional care is not met.

Source: Civil and Commercial Code and Acts - Official Thai Law Database (Krisdika)

Source: Medical Profession Act - Official Thai Law Database (Krisdika)

Source: Consumer Protection Act - Official Thai Law Database (Krisdika)

4. Frequently Asked Questions

What is professional negligence in Pattaya and how does it differ from ordinary negligence?

Professional negligence involves a breach of the duties of a professional due to their specialized knowledge. Ordinary negligence may apply to non professionals who fail to take reasonable care in everyday activities.

How do I prove negligence by a professional in a Pattaya civil case?

You typically need evidence of duty, breach, causation, and damages. Expert witnesses can establish the applicable standard of care for the profession involved.

When should I hire a lawyer for a professional negligence claim in Pattaya?