In Thailand, medical malpractice is a widespread issue. It can have a devastating effect on victims’ lives and may cause permanent harm.
Getting the proper legal help is essential to successfully pursue compensation. The first step is to GATHER AND DOCUMENT all information, including detailed records of your medical interactions.
Costs
Like any system, the healthcare system in Thailand is not without its faults. While accurate statistics are difficult to come by, anecdotal evidence suggests that medical malpractice cases are becoming more common. This is why it’s important to do your research and gather the proper evidence before you visit a doctor in Thailand.
In general, Thai courts tend to limit damages in malpractice claims to actual, quantifiable losses. This includes compensation for expenses and loss of earnings, both present and future. It is rare for a court to award compensation for intangibles, such as pain and suffering, disfigurement, and emotional shock. Due to these limitations, it is very unlikely that any compensation awarded for medical negligence will be as high as in western jurisdictions. Fortunately, most healthcare professionals and hospitals in Thailand carry medical malpractice insurance that will help cover costs in the event of a successful claim. This is important, as the medical negligence process can be expensive.
Overcrowding
The marketing of Thailand hospitals as medical tourism destinations has caught the attention of not only uninsured Americans who can afford a cheap trip to the tropics for a nip or tuck but also big insurance companies like Blue Cross and Florida based United Group Programs. These large insurers now have deals in place with a few Thai hospitals to perform major procedures for their customers.
Despite the influx of tourists, overcrowding in EDs is a problem and doctors are stressed out. Adding to this is the fact that in hierarchically structured Thailand it is important to save face and so it’s common for physicians in private hospitals to deny malpractice if they are accused of it.
This situation has led to calls for alternative dispute resolution. This involves a panel of professional decision makers which can be quicker and cheaper than the traditional trial and jury system. This process would also eliminate overly generous juries and screen out opportunistic claims.
Foreign Patients
The number of foreign patients visiting Thailand for medical treatment continues to grow. They are often motivated by lower cost and shorter wait times. However, they also face the risks of medical malpractice and the resulting damages.
Medical tourism is a growing industry in many countries around the world. This has resulted in an increase in cases of medical malpractice. As a consequence, it is important to develop an effective system to investigate these cases and prevent future incidents.
In high-income countries, routine hospital administrative data are used to monitor patient safety. These databases contain information on individual health information and reimbursement costs. They can be analyzed to estimate the national prevalence and economic burden of medical harm. Infections, ulcers, and complications are the leading causes of medical harm in hospitals. Intangible losses such as pain and suffering are also commonly awarded in compensation claims. However, damage awards are generally lower than in Western countries.
Insurance
As with other countries, Thailand has a complex system of healthcare and insurance. It has no national medical malpractice database, so it is difficult to compare data and develop effective policies for malpractice prevention. However, there are certain precautions that patients can take to protect themselves, including researching clinics and doctors, and obtaining health insurance that offers cashless direct billing at hospitals, clinics, and doctors’ offices.
Getting the right legal help can make all the difference when it comes to medical malpractice claims. The key to success is to act quickly, keep detailed records of all medical interactions, and consult with a reputable attorney. As Thailand hospitals promote themselves to foreign patients with slick brochures, news documentaries on Western TV, and advertising campaigns in their home countries, they often gloss over the fact that it can be extremely challenging to pursue compensation for a botched procedure or wrongful death through the Thai legal system, which bears little resemblance to what medical tourists are used to in their home country.