Characteristics of Medical Malpractice Litigation in Thailand: Cases from Government‐Run Hospitals

Published date01 September 2018
Date01 September 2018
DOIhttp://doi.org/10.1002/wmh3.276
Characteristics of Medical Malpractice Litigation in
Thailand: Cases from Government-Run Hospitals
Roengrudee Patanavanich , Paibul Suriyawongpaisal,
and Wichai Aekplakorn
Current malpractice policy debates have been contentious in Thailand for years. There is a lack of a
national database for malpractice claims to provide comprehensive information to policymakers; therefore,
the development of policy related to malpractice has been prolonged. This study uses the best available
data to create a database and describe characteristics of medical malpractice cases in Thailand during
1996–2016. Like many countries, cases related to pregnancy and childbirth are the most common cause of
malpractice lawsuits. Unlike other countries, general practice physicians in Thailand are sued the most.
The proportions of wrongful death claims were higher in community hospitals, among physician interns,
and on weekends. Moreover, a no-fault provision appears to help settling claims out of court. To develop
a success policy, Thailand needs to establish a national database for malpractice claims. Furthermore,
expanding the no-fault provision to all types of health insurance could be a desirable policy.
KEY WORDS: medical malpractice, Thailand health system, no fault
Introduction
Medical malpractice is def‌ined as any act or omission by a health-care provider
during treatment of a patient that deviates from accepted norms of practice in the
medical community and such act or omission cause an injury to the patient
(Bal, 2009). Worldwide, medical malpractice has proven to has a signif‌icant impact
on litigation that not only affects the health of individual patients, but also has a
signif‌icant impact on the bond of trust between physicians and their patients.
Moreover, the effects of medical malpractice can change a context of health-care
delivery system such as physician practice patterns toward defensive medicine.
Although Thailand has fewer medical malpractice lawsuits compared with
Western countries, the number of claims has increased dramatically in the past
decade. The number of medical malpractice lawsuits against physicians in public
hospitals under the Thai Ministry of Public Health (MOPH) octupled from an
average of two claims per year during 1996–2002 to 16 claims per year during
2003–16. The lack of a national medical malpractice claim database disallows
researchers to explore this issue more comprehensively.
World Medical & Health Policy, Vol. 10, No. 3, 2018
259
doi: 10.1002/wmh3.276
#2018 Policy Studies Organization

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