FAQs Relating to Medical Malpractice

Experiencing a poor outcome from medical treatment can be stressful. Understanding your medical malpractice rights under Thai law and the steps to take if negligence occurs can help you seek proper compensation and protect your interests.

What is Medical Malpractice?

Medical malpractice refers to professional negligence by a healthcare provider where the treatment provided falls below the recognized standard of medical practice, resulting in damage, injury, or death to the patient.

What is a Medical Malpractice Claim?

A person who negligently or unlawfully injures the life, body, or health of another commits a wrongful act and is therefore liable to provide compensation.

A medical malpractice claim is a demand for compensation filed against a healthcare provider who failed to meet the recognized standards of medical practice, where such negligence resulted in damage or injury to the patient.

Under the Consumer Case Procedure Act B.E. 2551 and the Consumer Protection Act, a consumer includes any person receiving medical services from either a government or private hospital. Where damage arises from medical services, the injured party may file the claim as a consumer case. In such cases, the claimant may benefit from simplified and expedited court procedures and may be eligible for court fee exemption or reduction, subject to the court’s discretion.

What should I do if I think I am a victim of medical malpractice?

Experiencing an unfavorable outcome from a medical procedure is not always proof of medical malpractice. If you suspect you are a victim, the first step is to gather all relevant information. Document any important details you can recall, including symptoms, treatment results, laboratory tests, prescriptions, treatment dates, and procedures performed.

You should contact a qualified lawyer as soon as possible to ensure you receive proper legal guidance. A lawyer can help you file your claim within the statute of limitations and assist in collecting the necessary evidence to demonstrate that medical malpractice occurred.

Is there a time limit for filing a Medical Malpractice case?

Under the Thailand Civil and Commercial Code, a claim for damages arising from a wrongful act must generally be filed within 1 year from the date the injured person became aware of the act and the party responsible, or within 10 years from the date the wrongful act occurred. If the claim arises from an act that is also punishable under criminal law with a longer limitation period, that longer period applies.

What is Informed Consent?

Informed consent is an agreement that a patient signs to grant permission to a healthcare provider before undergoing a medical or surgical procedure, or before participating in a clinical study. The patient gives this consent after receiving proper information about the relevant medical facts, potential benefits, possible consequences, and associated health risks.

Can I file a Malpractice claim if I signed a consent form before a procedure?

Signing a consent form does not waive your right to file a medical malpractice claim. You may still seek compensation if negligence occurs during the procedure. Healthcare providers are obligated to maintain the recognized standard of care at all times, regardless of whether a patient has signed an informed consent form. A signed consent form does not release the provider from liability.

How long will it take to resolve a medical malpractice claim?

The timeline for resolving a medical malpractice claim in Thailand varies depending on the complexity of the case, the evidence required, and the court’s schedule. Simple cases, especially through consumer claims, may be resolved within a year, while contested civil claims can take 1–3 years or longer, including appeals.

Need Assistance with a Medical Malpractice Claim?

If you believe you are a victim of medical malpractice, don’t wait. Contact our experienced legal team today for a consultation. We can guide you through the process, help gather the necessary evidence, and ensure your claim is filed within the required time limits.

Disclaimer

This FAQ is for general informational purposes only and does not constitute legal advice. Laws and court procedures may change, and each case depends on its specific facts. Always consult a qualified lawyer for advice regarding your situation.

This content has been updated, reviewed and verified on January 2026 by:

Noppadol Paiviroj (Barrister)

Licensed Attorney-At-Law | Licensed Notarial Services Attorney, The Lawyers Council of Thailand
Specialization: Civil Thai Law and Litigation for more than 30 Years