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Medical malpractice

Thai law provides that claims for medical negligence can be brought in Thai courts. Such claims are based on Thai law as liability for wrongful acts.

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Medical Malpractice in Thailand

What is the statute of limitations for medical malpractice claims?

Compensation claims should generally be filed within one year from the date of injury. Certain exceptions apply, especially in cases where claims are also subject to criminal law, where the time limit is that prescribed by the applicable (criminal) law, provided that the statute of limitations lasts longer.

What evidence is needed to file a claim?

It must be established that the practitioner acted negligently or illegally by failing to meet the established and accepted standards of medical practice in the jurisdiction and that the injury or death resulted from such an act. For this reason, the most crucial evidence will initially be a qualified practitioner's medical report.

What is the amount of compensation?

Thai courts generally limit damages in malpractice claims to actual, quantifiable losses. This typically includes compensation for costs and damages for loss of income, both present and future. In terms of damages for intangibles such as pain and suffering, disfigurement, emotional shock, etc., any compensation is likely to be minimal if awarded.

For this reason, damages resulting from medical malpractice in Thailand, under the current provisions, are unlikely to be granted as much as in Western jurisdictions, particularly the United States.

In addition, it is unlikely that any damages will be awarded.

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Update: 12-02-2023
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