Medical Malpractice Law in Thailand

Proving medical malpractice in Thailand involves demonstrating four critical elements. Each element must be supported by evidence to establish a valid claim under Thai law. Here are the key elements and examples to illustrate each point:

1. Doctor-Patient Relationship

Evidence must show that a professional relationship existed between the patient and the healthcare provider. This relationship is typically established through medical records, appointment schedules, or treatment documentation.

Example: A patient has documented visits and treatments from a specific doctor at a hospital, confirming a doctor-patient relationship.

2. Breach of Standard of Care

The plaintiff must demonstrate that the healthcare provider deviated from the accepted standard of care. The standard of care is determined by what a reasonably competent healthcare provider would do under similar circumstances.

Examples:

• Misdiagnosis: A doctor incorrectly diagnoses a patient with a mild illness when the patient actually has a serious condition like cancer, leading to a delay in essential treatment.
• Surgical Errors: A surgeon performs a procedure on the wrong body part or leaves a surgical instrument inside the patient.
• Medication Errors: A pharmacist dispenses the wrong medication or dosage, resulting in adverse effects for the patient.
• Birth Injuries: Medical staff fail to monitor the fetal heart rate properly during labor, leading to birth injuries such as cerebral palsy.
• Failure to Obtain Informed Consent: A doctor does not inform a patient about the risks and alternatives of a surgical procedure, and the patient suffers complications that were not disclosed.