Medical malpractice refers to professional duty negligence by a health care provider in which the treatment provided to a patient falls below the recognized standard of medical practice which results in damage, injury, or death.
A person who negligently or unlawfully injures the life, body or health of another person, commits a wrongful act. Therefore, he is bound to make compensation.
Medical Malpractice Claim is a demand for compensation that a consumer files against the health care provider who failed to meet the standards of medical practice wherein his negligent actions resulted in damages to the patient.
The Consumer Case Procedure Act 2551 and Consumer Protection Act, defines a consumer as any person treated by medical services, whether from a government hospital or a private hospital. Thus, if damages from Medical Malpractice occurred from such medical services, a consumer can file a Consumer Case to the court. In such cases, the claimant can gain benefits with faster court procedure and without court fee.
Getting a bad result from a medical procedure may not always be a proof of medical malpractice. If you suspect that you are a victim of medical malpractice, the first thing that you should do is to start gathering relevant facts. Document all the important details that you can possibly recall. Take note of the symptoms and results experienced, laboratory results, prescriptions, treatment dates, and procedures.
You should contact a qualified lawyer as soon as possible to make sure that you get proper legal advice. The lawyer will make sure that you can file your claim within the time limit. They will help you obtain the legal leverage necessary in proving to the court that a Medical Malpractice occurred.
According to the Thailand Civil and Commercial Code, a consumer must file a claim for damages arising from wrongful act within 1 year from the day when the wrongful act and the person bound to make compensation became known to the injured person, or 10 years from the day of committing the wrongful act. However if the claim for damages is on the account of an act punishable under the criminal law for which it provides a longer prescription, such longer prescription shall apply.
An Informed Consent is an agreement that a patient sign granting permission to a health care provider before a medical or surgical procedure or to a participation in a clinical study. The patient may sign this agreement after receiving proper information of the relevant medical facts, benefits, consequences, and possible health risks involved.
Signing a consent form does not waive your right to file a malpractice claim. You may still be able to seek compensation for damages if negligence occurred during the medical procedure. Health care providers have to provide the standard level of care to their patients at all times. This is whether a patient signed an informed consent or not. A signed consent form does not release the health care provider from any liability.
The settlement may take less than 1 year from the start of filing the case to the court.