Draft of new law on compensation far victims of medical malpractice

Thailand: The Public Health Ministry has drafted a new law on compensation for victims of medical rriafp.ractice. It focuses on offering a fair amount of compensation for the damage a patient has suffered due to medicdl malpractice and on reducing legal disputes between victims and medical professionals.

More than 2,800 complaints were submitted to the Medical Council between 1990 and 2006, largely about alleged substandard medical practices and exaggerated medical service advertisements. Between 2005 and 2006, about THB36.Sm (USD1.1 m) in total was paid to 443 victims of medical malpractice.

The draft legislation, however, drew criticism from civic groups and some health law experts. They said its content was "too vague" and appeared to give medical practitioners additional immunity from criminal lawsuits. For example, they cited Article 44 which stipulates that healthcare providers shall be protected from criminal charges over their medical practices unless they intentionally cause damage to patients.

Source: Bangkok Post, .Z4 April 2007
Asian Casualty Report 10th Edition June 2008 – Gen Re