[Medical Law Insights] Thai Medical Law EP.1
Medical law governs the relationship between healthcare providers and patients and ensures that ethical principles such as patient autonomy are backed by legal standards. From malpractice claims and informed consent to pharmaceutical regulation and patient compensation, it spans a wide range of issues.
Medical law in Thailand has been developed through a mix of statutory rules and judicial decisions, whilst internationally, countries adopt different approaches to balancing patient protection with sustainable healthcare. This article highlights the foundations of medical law by examining malpractice in Thailand, informed consent rules, and comparative models of compensation.
- Medical malpractice in Thailand
There is no specific “Medical Malpractice Act” in Thailand, what there is instead are claims made under the Civil and Commercial Code (CCC) as wrongful acts. As in any negligence case, the same elements must be proven by patients, which include duty of care, breach, injury, and causation. Commons claims involve misdiagnosis, drug allergies, faulty equipment, child-birthing incidents and negligence.
The claims must usually be filed within one year and the law requires expert medical testimony to show that a doctor or hospital acted below professional standards.
However, malpractice disputes are not limited to the CCC, as patients may also pursue claims under the Consumer Protection Act (1979), which treat medical services as “consumer services”. These frameworks are often more favourable to patients, the burden of proof can shift to the provider once harm is established, and statutes of limitations can be longer, for example, up to two years for consumer complaints and three years under product liability in some cases.
Damages are also far more limited in Thailand than in western countries as courts typically award only actual losses e.g. medical bills and lost income, whilst compensation for pain and suffering remains modest. It was confirmed by a 2022 Supreme court decision that hospitals can be held liable as service providers which means that institutions as well as individual doctors can be held liable.
Author : Ali Akhundzada
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