ผู้วิจัย/Authors: Somying Saithanu, Rachata Tungsiripat, Wongduern Jindawattana, Viroj Tangcharoensathien.

ชื่อเรื่อง/Title: Management of Medical Liability in Thailand.

แหล่งที่มา/Source: Total Abstract Journal of Health Science, Vol 12, Page 325-327.

รายละเอียด / Details:

Changes of global socio-economic and patientdoctor relationship lead to a trend towards increasing medical complaints and lawsuits. It is necessary to understand the mechanism on medical liabilities to form policy and direct proper interventions. This study was aimed to build up understanding on the medical liability mechanism through document research, in-depth interviews of patients or relatives, doctors and managerial staff in private hospitals and private insurance companies; focus group discussions among doctors and managerial staff in public hospitals; stakeholder analysis and brainstorm workshop among key stakeholders. There were reportedly three mechanisms in the management of medical liability. These included an informal settlement between health providers and patients or relatives, a formal non-legal system and lastly a formal legal system. Informal settlement was a voluntary agreement between two parties at a hospital level. Compensations from health providers to patients or relatives did not fully reflect physical mental and financial losses. Formal non-legal system by bringing the cases to non-legal authority agencies was a temporary step towards either an informal negotiation for settlement or formal legal system. Formal legal system was pursued through filing lawsuits in the legal authority agencies to adjudicate the ethical misconducts, civil liability and criminal liability. Process in formal legal system was so lengthy. The plaintiffs shouldered burden of proof and could be costly in the court system. Award by court hearing was not clearly defined. The Medical council having authority, legitimacy and interest in ethical misconducts was a defintive stakeholder, yet its image was its impartial position; often charged by public for protecting its members, slow process and no time bound for ethical investigation. Patients who made the complaints to legal system were in middle to high socio-economic bracjers and usually had connection with the responsible agencies. It was believed that almost all the poor culd hardly enter the process of medical liability. It is recommended developing the informal settlement at a hospital level to be more formal or semi-formal mechanism. There should be impartial organizations having knowledge and respected by the public in negotiation for case settlement. According to National Health security act 2545 B.E. Article 41, no-fault compensation fund is earmarked from national health fund to alleviate patient's suffering from medical errors. As such the government should establish standard criteria to provide a fair compensation.

Keywords: medical liability, ethical conducts, civil liability, criminal liability, professional liability insurance, health provider, patient, policy, Thailand, stakeholders

ปีที่เผยแพร่/Year: 2005

Address: International Health Policy Program-Thailand , Department for development of Thai traditional and alternative medicine, ministry of public health

Code: 20050000559

ISSN/ISBN: 974-506-393-2

Country of publication: Thailand.

Language: English.

Category: Abstract Journal.

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