At Unity Inter Law, we understand the profound impact that medical malpractice can have on your health, livelihood and peace of mind. When medical professionals fail in their duty of care, the consequences can be life altering. Whether you’re a local resident or a foreign national receiving treatment in Thailand, our experienced legal team is here to help you pursue rightful compensation and hold negligent parties accountable.
Understanding Medical Malpractice in Thailand
Medical negligence, also known as medical malpractice, refers to a failure by a healthcare professional to meet the accepted standard of care, whether through incorrect treatment, delayed diagnosis, surgical error or a lack of informed consent. The law in Thailand does not treat medical malpractice as a standalone offence instead, these cases fall under the broader category of wrongful acts governed by the Thai Civil and Commercial Code, particularly Section 420.
What this means in practice is that a successful medical malpractice claim requires proof that a doctor or medical provider acted (or failed to act) in a way that directly caused harm, injury or even death. Establishing causation and negligence is a critical step in the legal process and often requires expert medical testimony and a thorough review of medical records.
How Compensation Works
In Thailand, compensation for medical malpractice generally covers direct and measurable losses such as medical expenses, lost income and future care costs. Unlike in some Western countries, Thai courts typically do not award large sums for emotional suffering or trauma. However, depending on the nature of the case, it is possible to seek compensation through both civil law and criminal law channels.
Under certain circumstances, no-fault compensation may also be available through the National Health Security Act (B.E. 2545) for patients covered under the Thai Universal Healthcare System. This can provide some financial relief without the need to prove fault or negligence, though it is generally limited in scope.
Legal Time Limits
Time is a critical factor in medical malpractice cases. The statute of limitations in Thailand for civil claims is usually one year from the date the injury becomes known to the injured party. In some cases, this period may be extended to up to ten years. For more serious cases involving gross negligence or criminal liability (such as those leading to death) the time limit can extend up to 20 years, depending on the applicable section of the Thai Penal Code.
Because these deadlines are strictly enforced, it’s vital to consult a lawyer as soon as possible. Failing to file a claim within the appropriate time frame, no matter how strong your case may be, could result in your claim being barred by law.
What If You Signed a Consent Form?
Signing a medical consent form does not waive your right to seek compensation if negligence occurred. Valid consent requires that the patient fully understands the risks and that the procedure was explained clearly. If the form was incomplete, not properly signed, or the risks were not adequately discussed, the consent may be legally invalid. In cases where a different or additional procedure was performed without your explicit agreement, your legal rights may also have been violated.
Building a Strong Case
If you believe you have suffered from medical negligence, the first step is to consult with a qualified lawyer experienced in handling malpractice claims in Thailand. At Unity Inter Law, we offer an initial consultation to review your situation and determine whether you have a strong basis to proceed.
A successful claim requires compelling evidence. This typically includes a full copy of your medical records, details of the treatment provided, the names of the individuals involved, and any documentation or communication from the medical facility. We may also arrange for an independent medical expert to provide an opinion supporting your claim.
Why Choose Unity Inter Law?
Our law firm has extensive experience representing both Thai and foreign clients in complex medical malpractice claims. We understand the sensitivity of these cases, both emotionally and legally. Our lawyers take the time to explain your rights, evaluate your case thoroughly, and build a strategy that gives you the best possible chance of securing compensation.
At Unity Inter Law, we offer legal advice, support, clarity and representation you can trust. We work closely with each client, ensuring you understand every step of the process and are never left in the dark.
If you or a loved one has been affected by medical negligence in Thailand, contact us today. We’re ready to help you take the next step toward justice and financial recovery.