I am seeking recommendation based on first hand knowledge for an attorney in the Bangkok-Pattaya area with expertise in hospital patient custody and payment issues.

My friend "M", a US citizen was involved in a severe pedestrian accident in Pattaya on Friday, Nov. 25.  I do not know any details of the accident yet: where or what exactly happened.  He was taken by ambulance to a local "2nd tier" Pattaya hosp.  For legal reasons, I will not name the hospital here. 

He has catastrophic injuries: multiple broken bones, internal injuries and a fractured skull.  He is comatose and on life support in an ICU.

He is essentially alone here though with many casual friends.  He does have family in the US who I have been able to contact.  He also had a travel insurance policy.

The hospital is basically holding him hostage, refusing to provide certain documents required by the insurance company to transfer him to a more capable hospital.  The insurance is also a problem.  Because M. never signed a Power of Attorney or a document called an "H.I.P.A." which gives permission for a designated person to act on his behalf, the insurance company will only compensate "M" directly, not even a family member.  The hospital claims it only takes cash payments which the insurance company will not provide.  The list of complications and "Catch-22s" goes on.  The family is boxed in and the bills are accumulating at more than $1000 daily.

As a friend trying to help as best I can, I feel unequipped to deal with these complex issues.  I believe an attorney will have to get involved at some point and that is why I am asking for recommendations.  Please, only recommend if you have direct knowledge of the attorney having expertise in this specific area.  I would also appreciate input from anybody who has been in a similar situation.

BTW, we are in contact with the US Embassy, so far with limited results. Sheryl, on this forum has been very helpful.

Try here. I know only that they exist. Some others may have recommendations based on experience.

 

http://www.integrity-legal.com/

5 minutes ago, ozimoron said:

Try here. I know only that they exist. Some others may have recommendations based on experience.

 

http://www.integrity-legal.com/

I think they work mostly on visa related issues?

Just now, sqwakvfr said:

I think they work mostly on visa related issues?

Still a good idea to give them a call. They may recommend someone else if so.

Please suggest Pattaya based law firms if possible.

OP, just an observation, but it appears you have a problem (mostly) with a US insurance company, the company that provided the insurance. I doubt a Thai attorney would have the knowledge or jurisdiction to deal with an insurance company outside Thailand.

Wouldn't it make more sense to engage an attorney in the country where the insurance is based/issued. And where the insured usually lives.

Its not a thai insurance policy, I presume its not a Thai company. If the insurance company will only reimburse the insured, then its not really anything to do with the hospital, and I presume any reimbursement will be in the US, in $US etc. The terms/conditions/payments etc, would all come under US law.

The only thing a local attorney could do would be the local hospital documents.

Just to point out that the managing director of Integrity Legal mentioned above is a licensed American attorney.

 

That being said legal work in Thailand and in the US is not cheap and someone will need to pay for it, probably in advance.

Magna Carta in Pattaya can help i'm sure.

It is far from unusual for a patient to be unconscious and insurance co policy will have provision for that. 

 

To my understanding under US law when a patient cannot make their own decisions and there is no Health Care Power of Attorney the authority for medical decisions reverts to the next of kin.  The problem here may be in obtaining documentation of the patient's condition i.e. that he is comatose. I gather the hospital has so far failed to respond to requests for information from the insurer.

 

Please keep responses limited to the requested  suggestions for legal help in Thailand. Pattaya based lawyer bring preferrable.

 

 

I know someone who was in a coma for 6 months at Bang Lamung hospital, paid nothing until he woke up

3 hours ago, Peterw42 said:

OP, just an observation, but it appears you have a problem (mostly) with a US insurance company, the company that provided the insurance. I doubt a Thai attorney would have the knowledge or jurisdiction to deal with an insurance company outside Thailand.

Wouldn't it make more sense to engage an attorney in the country where the insurance is based/issued. And where the insured usually lives.

Its not a thai insurance policy, I presume its not a Thai company. If the insurance company will only reimburse the insured, then its not really anything to do with the hospital, and I presume any reimbursement will be in the US, in $US etc. The terms/conditions/payments etc, would all come under US law.

The only thing a local attorney could do would be the local hospital documents.

 

"The hospital is basically holding him hostage, refusing to provide certain documents required by the insurance company to transfer him to a more capable hospital. "

 

Very much an issue with the hospital.

Any insurance company, Thai or international, will require medical documentation before paying a hospital or authorizing a transfer to another hospital.

 

The hospital OP's friend is in (actually a first tier government hospital, not second tier) has refused to provide this documentation and refused (or failed) to respond to questions from the insurance company doctor.

 

If nothing else a local lawyer might be able to get them to release the patient's records to the family and/or insurer.

4 hours ago, sqwakvfr said:

I think they work mostly on visa related issues?

They work on a full range of legal issues.

Things don't work like this.

 

Sheryl says, he is in a government hospital. Goverment hospitals only accept cash. They don't work with international travel insurance. 

You are not going to change this. Pay cash.

 

You want to transfer the patient to a more capable hospital? 

To another government hospital?  In this case,  that's a decision between the 2 hospitals.  You can politely ask them, but you don't have the power to change their decision. 

 

If you want to transfer the patient to a private hospital like BPH or Bumrungrad: 

The government hospital he is in now will not provide the documentation a foreign insurance wants.  That's normal.  Contact the private destination hospital (they will make millions of Baht from this patient); talk to their supervisor. They will handle the government hospital. They will organize the transfer and put it on the bill for the insurance (they will want a guarantee of payment from the insurance before the transfer - of course,  you can always pay the transfer cash and claim it later)

 

The insurance probably works with a local assistance company,  eg April Assistance. A good assistance company can handle the government hospital (they may have to send staff to the government hospital). Most are not good. 

 

If you know the destination hospital,  you can PM me, I might be able to help you with contact details.