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Thailand's new consumer protection law protects patients against medical malpractice

By Jon Fernquest

malpractice protest

Thailand's new consumer protection laws also try to deal with medical malpractice among many other issues.

The new laws might be biting off more than they can chew and some feel they could have a negative effect on the healthcare system. Doctors may be afraid of running risks, so they may not treat patients.

Note that it is also worth comparing Thailand's problems with malpractice with similar problems in Japan. Thailand is not alone in the struggle to protect and help victims of malpractice. (Read articles on actual case, medical malpractice reporting, and prison sentences)

This is part two of a six part series.

(In photo on right family with a picture of their late mother who died after an operation to remove an inflamed appendix. The Nonthaburi provincial courtdecided in her favour in a malpractice lawsuit against the Public Health Ministry)

Here is today's article:

Consumer law bares its teeth

Now the aggrieved have a real chance of fighting for their rights
By Surasak Glahan
3/03/2009

Case Study

Three years ago, Yenjit Sairat had surgery to remove a tumour on her uterus. But something went wrong and when she awoke from her operation there were two gaping holes in her bladder and she was completely incontinent.

She claims the surgeon at a private hospital accidentally sliced into her bladder during the operation in February 2006, and this is what brought about her urinary dysfunction. Ever since, she has been seeking damages from the hospital and the doctor for medical malpractice.

As a result of her condition she had to quit her job at a gas store and live on her husband's income. Additional costs of care and travel to various hospitals all came as new burdens.

"It makes me stressed and worried," Mrs Yenjit told the Foundation for Consumers. "Sometimes, it's so painful that I can't even sleep."

She earlier asked the hospital to pay for her costs and filed a complaint with the Medical Council of Thailand. But she received no response.

But in November last year she decided to try a new way of fighting for her rights by filing a consumer case against the hospital, with the foundation's support, demanding damages of 7.7 million baht. The case is now under mediation.

consumer protection laws - laws that try to protect consumers from being cheated by businesses กฎหมายคุ้มครองผู้บริโภค
medical malpractice - when a doctor injures a patient through a careless mistake, violation of medical standards (See Wikipedia) การปฏิบัติหน้าที่ด้วยความบกพร่อง
bite off more than you can chew - plan to do more than you can actually handle มีโครงการมากมายแต่ทำได้เพียงไม่กี่โครงการเท่านั้น
bares its teeth - showed that it can be effective and help people มีประโยชน์และเป็นการช่วยเหลือส่วนรวม
aggrieved - feel upset and angry because of bad treatment เคืองแค้น ไม่พอใจเพราะไม่ได้รับการรักษาที่ดี ที่เหมาะสม
a tumour - a solid thing (mass) growing inside your body เนื้องอก
uterus - the part of a woman where her baby grows (for nine months) มดลูก
gaping holes - very large holes หลุมขนาดใหญ่
urine - the liquid that you get rid of from your body in the toilet ปัสสาวะ
urinary - belonging to the parts of your body that urine flows through ระบบทางเดินปัสสาวะ
bladder - the sack in your body that stores urine before it leaves your body กระเพาะปัสสาวะ
incontinent - unable to prevent urine from coming out of your body (wet your pants) ไม่สามารถกลั้นปัสสาวะได้
a dysfunction - a condition that is not normal ทำงานผิดปกติ
urinary dysfunction - when something is not normal in your urinary system การทำงานผิดปกติของระบบทางเดินปัสสาวะ
seeking damages - asking the court of law to order the person who harmed you to pay you for the damage they caused you ฟ้องร้องเรียกค่าเสียหาย
stressed - feel worried and depressed because of difficulties in your life เครียด
a complaint - a legal statement charging a person with a criminal offense that sets out the facts on which the claim is based (can also mean an informal expression of displeasure, such as poor service at a store) คำร้องเรียน
filed a complaint - officially make a complaint at a government office ยื่นคำร้อง
rights - things that you should get according to the law or morals สิทธิ
fighting for her rights - in order to get what the law guarantees her, she has to fight for them (in a court of law, for example) ต่อสู้เพื่อสิทธิของตน
mediation - trying to solve a disagreement by finding things that both sides can agree to (a compromise) การเจรจาไกล่เกลี่ย
case is now under mediation - a person is trying to help the two sides in the disagreement reach an agreement คดีกำลังอยู่ในขั้นตอนการไกล่เกลี่ย

How the new law is different

Mrs Yenjit is among a growing number of victims of alleged medical malpractice who are filing consumer cases against doctors and hospitals since the Consumer Case Procedures Act of 2008 took effect last August.

The new law facilitates court procedures for consumers, including patients, which in the past were too complicated and time-consuming. Now they can file suit without hiring lawyers or paying the fees of bringing the case to court.

Under the new law, the burden of proof falls on doctors and hospitals, as the defendants, who are required to prove in court that the alleged malpractice was not a result of their negligence.

file consumer cases, file suit- when a person who claims to have suffered damage starts a legal case against those who damaged him or her ยื่นฟ้องร้อง
Consumer Case Procedures Act of 2008 - กฎหมายคุ้มครองผู้บริโภคปี 2551
facilitates - helps, aids, makes a task or job easier ช่วยเหลือ
complicated - has many parts, is dificult to understand ซับซ้อน
time-consuming - uses a lot of time, takes a long time to do กินเวลานาน
burden of proof - by law they must prove the facts มีหน้าที่ต้องแสดงหลักฐานต่อ
burden of proof falls on doctors and hospitals - by law doctors and hospitals must prove the facts แพทย์ต้องหาหลักฐานมายืนยันการทำงานของตนในกรณีที่ถูกกล่าวหาหรือฟ้องร้อง
alleged - claimed but not yet proven ที่กล่าวหา
negligence - when someone is not careful (and fails to do something they should have done) เพิกเฉย ไม่สนใจ

Statue of limitations

The act has specific provisions extending the statute of limitations which is useful for consumers who suffer damage to their health that may take a long time to result in symptoms.

It allows them to file cases within three years, extended from one year, from the date they first reported the malpractice. The court has the right to change its verdict, within 10 years, should previously unknown physical symptoms of the malpractice develop later.

specific - one thing (not a group of things in general) เฉพาะเจาะจง
provisions - the details of a law บทบัญญัติ
extending - making for a longer period of time ขยายเวลา
statue of limitations - the longest period of time allowed for trying a person for a crime (after this period of time cannot be tried) อายุความ
symptoms, physical symptoms - things that show that a person has a disease (signs, indications) อาการป่วย
a verdict - a decision by a court on a legal case คำพิพากษา

Helping patients quickly

The law requires courts to process cases swiftly and consumer activists believe this will help patients a great deal.

"In the past, it took as long as 17 years for a medical malpractice case to proceed," said Saree Aongsomwang, manager of the foundation.

Mrs Saree and her colleagues have mentored four other patients and their relatives in filing consumer cases against hospitals.

In one case in which a baby died during delivery, the mother was granted compensation of 400,000 baht after mediation. The foundation is preparing to help two more cases reach court.

May discourage doctors from treating people?

But the Medical Council, which earlier tried to exclude medical cases from the act's jurisdiction, is concerned that the law may discourage medical professionals from treating patients with serious conditions for fear of lawsuits.

If patients increasingly seek to file consumer cases against doctors and hospitals, the Medical Council believed the health care industry would suffer badly.

Even before the law, the number of court cases against private and public hospitals was already high. For example, in 2006-2007, 128 civil suits were filed against private hospitals, according to the Private Hospital Association.

Preeyanan Lorsermwattana, a leader of the Network of Victims of Medical Malpractice, said the network had about 500 members. A number of them have tried using the new law by filing cases, and some have agreed to accept compensation during the mediation process.

Mrs Preeyanan, who lost a civil lawsuit against a private hospital due to the expiry of the statute of limitations, said the time extension was a good thing but in reality case procedures were still slow and lawyers might still be a crucial element.

"If it wasn't necessary patients would never want to file cases against doctors. But we have found most medical malpractice is preventable," she said.

exclude - not include ไม่รวมเข้ากับ
the act's jurisdiction - the cases or area within the country that the law is used ในเขตอำนาจศาล
a lawsuit - a case in a court of law between two or more people or organizations คดี
accept compensation during the mediation process - reaching an agreement after discussions and accepting some money ยอมจ่ายค่าเสียหายให้กับโจทก์
expiry - the time when something comes to an end หมดอายุ
expiry of the statue of limitations - the end of the period where legal action can be taken on a case หมดอายุความ
extension - increasing the time something is active ยืดเวลาออกไป ถ่วงเวลา ซื้อเวลา
a crucial element - an important and necessary part ส่วนที่สำััคัญที่สุด หัวใจสำคัญ

(Source: Bangkok Post, general news, 3/03/2009, Consumer law bares its teeth, Surasak Glahan, link)

Posted by Jon Fernquest at 07:26 PM | Permalink | Comments (0)

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Recent Posts Thailand research on algae biofuel (01-08-10) Thai-China high speed train joint-venture: End to long Bangkok commutes? (31-08-10) Supavud Saicheua on Thailand's long-term economic strategy (30-08-10) Income generated by Thailand's tourism sector to be measured in greater detail (27-08-10) Fruit ice cream as potential export to the Middle East (25-08-10) New opportunities for rice milling in Thailand under AFTA (25-08-10) Thai fruit juice exports to Asean: The Asean Free Trade Area advantage (24-08-10) Making Thailand more attractive for regional corporate headquarters (23-08-10) Jet biofuel development for a Southeast Asian aviation hub in Thailand (19-08-10) Potential Middle East investment in Thailand via Islamic Bank of Thailand (18-08-10) Building your vocabulary General reading practice Reading the news section Reading the business section Reading features Reading about sports Hey Kids Opinion and Analysis Teacher's Corner Online courses Readbangkokpost.com Subscriber homepage	[Thai Economics Library \| Archives\| Currency Crisis 2007\| Entrepreneurs] March 03, 2009 consumerlaw Thailand's new consumer protection law protects patients against medical malpractice By Jon Fernquest Thailand's new consumer protection laws also try to deal with medical malpractice among many other issues. The new laws might be biting off more than they can chew and some feel they could have a negative effect on the healthcare system. Doctors may be afraid of running risks, so they may not treat patients. Note that it is also worth comparing Thailand's problems with malpractice with similar problems in Japan. Thailand is not alone in the struggle to protect and help victims of malpractice. (Read articles on actual case, medical malpractice reporting, and prison sentences) This is part two of a six part series. (In photo on right family with a picture of their late mother who died after an operation to remove an inflamed appendix. The Nonthaburi provincial courtdecided in her favour in a malpractice lawsuit against the Public Health Ministry) Here is today's article: Consumer law bares its teeth Now the aggrieved have a real chance of fighting for their rights By Surasak Glahan 3/03/2009 Case Study Three years ago, Yenjit Sairat had surgery to remove a tumour on her uterus. But something went wrong and when she awoke from her operation there were two gaping holes in her bladder and she was completely incontinent. She claims the surgeon at a private hospital accidentally sliced into her bladder during the operation in February 2006, and this is what brought about her urinary dysfunction. Ever since, she has been seeking damages from the hospital and the doctor for medical malpractice. As a result of her condition she had to quit her job at a gas store and live on her husband's income. Additional costs of care and travel to various hospitals all came as new burdens. "It makes me stressed and worried," Mrs Yenjit told the Foundation for Consumers. "Sometimes, it's so painful that I can't even sleep." She earlier asked the hospital to pay for her costs and filed a complaint with the Medical Council of Thailand. But she received no response. But in November last year she decided to try a new way of fighting for her rights by filing a consumer case against the hospital, with the foundation's support, demanding damages of 7.7 million baht. The case is now under mediation. consumer protection laws - laws that try to protect consumers from being cheated by businesses กฎหมายคุ้มครองผู้บริโภค medical malpractice - when a doctor injures a patient through a careless mistake, violation of medical standards (See Wikipedia) การปฏิบัติหน้าที่ด้วยความบกพร่อง bite off more than you can chew - plan to do more than you can actually handle มีโครงการมากมายแต่ทำได้เพียงไม่กี่โครงการเท่านั้น bares its teeth - showed that it can be effective and help people มีประโยชน์และเป็นการช่วยเหลือส่วนรวม aggrieved - feel upset and angry because of bad treatment เคืองแค้น ไม่พอใจเพราะไม่ได้รับการรักษาที่ดี ที่เหมาะสม a tumour - a solid thing (mass) growing inside your body เนื้องอก uterus - the part of a woman where her baby grows (for nine months) มดลูก gaping holes - very large holes หลุมขนาดใหญ่ urine - the liquid that you get rid of from your body in the toilet ปัสสาวะ urinary - belonging to the parts of your body that urine flows through ระบบทางเดินปัสสาวะ bladder - the sack in your body that stores urine before it leaves your body กระเพาะปัสสาวะ incontinent - unable to prevent urine from coming out of your body (wet your pants) ไม่สามารถกลั้นปัสสาวะได้ a dysfunction - a condition that is not normal ทำงานผิดปกติ urinary dysfunction - when something is not normal in your urinary system การทำงานผิดปกติของระบบทางเดินปัสสาวะ seeking damages - asking the court of law to order the person who harmed you to pay you for the damage they caused you ฟ้องร้องเรียกค่าเสียหาย stressed - feel worried and depressed because of difficulties in your life เครียด a complaint - a legal statement charging a person with a criminal offense that sets out the facts on which the claim is based (can also mean an informal expression of displeasure, such as poor service at a store) คำร้องเรียน filed a complaint - officially make a complaint at a government office ยื่นคำร้อง rights - things that you should get according to the law or morals สิทธิ fighting for her rights - in order to get what the law guarantees her, she has to fight for them (in a court of law, for example) ต่อสู้เพื่อสิทธิของตน mediation - trying to solve a disagreement by finding things that both sides can agree to (a compromise) การเจรจาไกล่เกลี่ย case is now under mediation - a person is trying to help the two sides in the disagreement reach an agreement คดีกำลังอยู่ในขั้นตอนการไกล่เกลี่ย How the new law is different Mrs Yenjit is among a growing number of victims of alleged medical malpractice who are filing consumer cases against doctors and hospitals since the Consumer Case Procedures Act of 2008 took effect last August. The new law facilitates court procedures for consumers, including patients, which in the past were too complicated and time-consuming. Now they can file suit without hiring lawyers or paying the fees of bringing the case to court. Under the new law, the burden of proof falls on doctors and hospitals, as the defendants, who are required to prove in court that the alleged malpractice was not a result of their negligence. file consumer cases, file suit- when a person who claims to have suffered damage starts a legal case against those who damaged him or her ยื่นฟ้องร้อง Consumer Case Procedures Act of 2008 - กฎหมายคุ้มครองผู้บริโภคปี 2551 facilitates - helps, aids, makes a task or job easier ช่วยเหลือ complicated - has many parts, is dificult to understand ซับซ้อน time-consuming - uses a lot of time, takes a long time to do กินเวลานาน burden of proof - by law they must prove the facts มีหน้าที่ต้องแสดงหลักฐานต่อ burden of proof falls on doctors and hospitals - by law doctors and hospitals must prove the facts แพทย์ต้องหาหลักฐานมายืนยันการทำงานของตนในกรณีที่ถูกกล่าวหาหรือฟ้องร้อง alleged - claimed but not yet proven ที่กล่าวหา negligence - when someone is not careful (and fails to do something they should have done) เพิกเฉย ไม่สนใจ Statue of limitations The act has specific provisions extending the statute of limitations which is useful for consumers who suffer damage to their health that may take a long time to result in symptoms. It allows them to file cases within three years, extended from one year, from the date they first reported the malpractice. The court has the right to change its verdict, within 10 years, should previously unknown physical symptoms of the malpractice develop later. specific - one thing (not a group of things in general) เฉพาะเจาะจง provisions - the details of a law บทบัญญัติ extending - making for a longer period of time ขยายเวลา statue of limitations - the longest period of time allowed for trying a person for a crime (after this period of time cannot be tried) อายุความ symptoms, physical symptoms - things that show that a person has a disease (signs, indications) อาการป่วย a verdict - a decision by a court on a legal case คำพิพากษา Helping patients quickly The law requires courts to process cases swiftly and consumer activists believe this will help patients a great deal. "In the past, it took as long as 17 years for a medical malpractice case to proceed," said Saree Aongsomwang, manager of the foundation. Mrs Saree and her colleagues have mentored four other patients and their relatives in filing consumer cases against hospitals. In one case in which a baby died during delivery, the mother was granted compensation of 400,000 baht after mediation. The foundation is preparing to help two more cases reach court. May discourage doctors from treating people? But the Medical Council, which earlier tried to exclude medical cases from the act's jurisdiction, is concerned that the law may discourage medical professionals from treating patients with serious conditions for fear of lawsuits. If patients increasingly seek to file consumer cases against doctors and hospitals, the Medical Council believed the health care industry would suffer badly. Even before the law, the number of court cases against private and public hospitals was already high. For example, in 2006-2007, 128 civil suits were filed against private hospitals, according to the Private Hospital Association. Preeyanan Lorsermwattana, a leader of the Network of Victims of Medical Malpractice, said the network had about 500 members. A number of them have tried using the new law by filing cases, and some have agreed to accept compensation during the mediation process. Mrs Preeyanan, who lost a civil lawsuit against a private hospital due to the expiry of the statute of limitations, said the time extension was a good thing but in reality case procedures were still slow and lawyers might still be a crucial element. "If it wasn't necessary patients would never want to file cases against doctors. But we have found most medical malpractice is preventable," she said. exclude - not include ไม่รวมเข้ากับ the act's jurisdiction - the cases or area within the country that the law is used ในเขตอำนาจศาล a lawsuit - a case in a court of law between two or more people or organizations คดี accept compensation during the mediation process - reaching an agreement after discussions and accepting some money ยอมจ่ายค่าเสียหายให้กับโจทก์ expiry - the time when something comes to an end หมดอายุ expiry of the statue of limitations - the end of the period where legal action can be taken on a case หมดอายุความ extension - increasing the time something is active ยืดเวลาออกไป ถ่วงเวลา ซื้อเวลา a crucial element - an important and necessary part ส่วนที่สำััคัญที่สุด หัวใจสำคัญ (Source: Bangkok Post, general news, 3/03/2009, Consumer law bares its teeth, Surasak Glahan, link) Posted by Jon Fernquest at 07:26 PM \| Permalink \| Comments (0)
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