Medical errors law will compensate victims of malpractice

Khwanjai Kantajai's son, Sujit Mahayod, was involved in a car accident in Lamphun's Saraphi district earlier this year and suffered a brain haemorrhage.

He was taken to hospital in Chiang Mai to undergo surgery. During the operation he went into convulsions and later died.

"Nobody told me what happened to my son. The doctors told me only that there was a haemorrhage in his brain but they did not explain anything about the cause of his death," she said.

"My son has died and nobody has compensated me. I just want someone to look after me because I am poor and live by myself," she added.

Khwanjai hopes that the 2008 Procedural Act for Consumer Protection Cases, effective from August 23, will ensure that she gets compensation from the hospital.

"I cannot wait any more because I have no job and no money but so many expenses to pay for, including the rent for the room where I used to live," she said. "My son used to take care of me but now he is gone."

Khwanjai is one of 20 victims of medical malpractice who are seek¬ing ways to get compensation from medicalservice providers under the new law.

Preeyanant Lorsermwattana, the head of the medical malpractice victims' network, said the new law allows patients to receive compensation from negligent medicalservice providers or doctors for a period of up to one year after the victim files a lawsuit with the civil court.

In the past, when plaintiffs filed a suit with the civil court, they had to prove the medical malpractice was caused by a doctor or medical service provider.

This was a complicated process because most doctors and medicalservice providers did not give any evidence that could prove professional error. The patient had to wait a long time to receive compensation.

But under the new law, doctors and medicalservice providers have to prove that the error was not caused by them. If they cannot do so, the court will order them to pay compensation to the victim as soon as possible.

"We are gathering medical malpractice victims who have sent complaints to the group [the medical malpractice victims' network] then we will seek ways to file, according to the law, against public and private doctors. They will be the first such cases in the country," Preeyanant said.

Senior health officer Dr Tares Krassanairawiwong of the Department of Health Service Support said the new law will cause conflict between doctors and patients because there will be more suits claiming medical malpractice by doctors.

This will, in turn, cause doctors to fear litigation - cited as the driving force behind defensive medicine - and they will not provide treatment to certain patients as a safeguard against possible malpractice liability.

He said the ministry is now pushing another law entitled the Medical Malpractice Victim's Compensation Fund to help patients receive compensation as soon as possible without filing law suits.

This is expected to be another option to help patients receive compensation.

The law is now under the consideration of the Council of State and is expected to be enforced by the end of this year.

According to the Public Health Ministry's records there are about 150 complaints per year about substandard treatment by medicalservice providers.

Compensating victims



The provisions relating to medical malpractice victims under the 2008 Procedural Act for Consumer Protection Cases:

Article 13: The medicalservice provider, who committed the error that had an effect on a patient's life and health, must take responsibility for the victim for a maximum period of 10 years even if the adverse health condition caused by the medical error shows up later.

Article 40: The judge can increase the compensation for a patient who wins a lawsuit if they find more damage. The judge can revise the verdict within 10 years.