[Medical Law Insights] Thai Medical Law EP.2
- Informed consent and patient rights
Beyond malpractice claims, the principle of informed consent is emphasised by Thai medical law. Doctors must explain a proposed treatment and obtain a patient's permission before proceeding under the Thailand Medical Act. The broader ethical value of patient autonomy is reflected by this rule as it ensures medical decisions are not made unilaterally by providers.
These standards came under pressure during the COVID-19 pandemic as emergency health measures sometimes limited individual choice. For example, under the Emergency Decree on Public Administration in Emergency Situations (2005) and the Public Health Act (1992), the government may impose restrictions to protect public order, good morals, and the health of society.
While such measures justified rapid responses such as compulsory quarantine or mass vaccination programs, they inevitably raised questions about whether patients' rights were being diluted. Still, informed consent remains a cornerstone of medical law in Thailand, aligning with international norms which place patients' rights at the centre of healthcare.
- Pharmaceutical regulations and Health Agencies
Medical law in Thailand also extends to the regulation of medicines and medical products. Agencies such as the Ministry of Public Health and the Thai Food and Drug Administration (FDA) has oversight shared, which monitors the safety, quality, and distribution of pharmaceuticals. These rules are critical to protecting patients from not only malpractice in treatment but also from unsafe or improperly marketed drugs.
The preventative side of medical law is illustrated by pharmaceutical regulations as while malpractice claims address harms after they have occurred, regulatory systems aim to reduce risks before patients are affected.
Author : Ali Akhundzada
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