Law firm for suing hospital

[Steven55]

An expat has been maltreated, in my opinion. With disastrous result.
Any advice regarding a law firm that has dealt with such an issue before?
 

Edited January 8, 2023 by Steven55

[Mavideol]

you are talking about Thailand for God's sake

[nigelforbes]

It won't happen, save your money. 

 

Some years ago I made a complaint about a doctor at one of the country's largest private hospitals, I saw in real time how the wagons circled and the drawbridge went up, it was an educational but frightening experience TBH.

 

You almost certainly wont find a decent lawyer who is willing to take the case, don't go there.

[scubascuba3]

i just asked my lawyer friend she says any lawyer can sue for negligence, can try Thai Living Law on Thepraya, just past the Courts about 300 metres

[scorecard]

Well there's a direct abrupt post.

 

Just an assumption that members who offer advice are paid to know every answer to every question and have to reply instantly. Zero politeness just 'I want now'. Please does help.

 

The reality is the sueing hospitals / doctors / lawyers etc., in any country is frought with problems with many answers up their sleeves to make the matter complex and more complex.

 

Good luck.

Edited January 8, 2023 by scorecard

[DrJoy]

4 hours ago, Steven55 said:

Any advice regarding a law firm that has dealt with such an issue before?
 

https://www.siam-legal.com/

[jerrymahoney]

Just to note that there is no contingency fee arrangement allowed in Thailand.

[Rimmer]

A couple of troll posts have been removed

[Shop mak]

Your friend need medical report documenting malpractice, issued by another hospital.

 

Good luck finding a hospital who are willing to critize another hospital,  in writing.

 

Then the fun begin.

Initial deposit to lawyer 20-50k baht.

Within 2 weeks, further 50-100k baht. Then ....

You see where this is going.

 

* One must understand how Thai culture and society works, before even consider legal action.

Hospitals and doctors are high up on VIP status.

To take legal actions against them, takes serious big money.

 

Signed

'From another victim of bad surgeons, who didn't persue due to more brain than money.

[PeterCouling]

Most hospital procedures require a signed waiver form prior to, say, an operation. If this was indeed signed then there might be little one can do in reality. But no harm talking to a lawyer first.

[Shop mak]

2-4 years wait before verdict.

300,000+ in lawyer fee

Hightened stress for the patient.

 

Yes all hospitals require the patient to sign many documents, before surgery.

[scorecard]

2 hours ago, Shop mak said:

Your friend need medical report documenting malpractice, issued by another hospital.

 

Good luck finding a hospital who are willing to critize another hospital,  in writing.

 

Then the fun begin.

Initial deposit to lawyer 20-50k baht.

Within 2 weeks, further 50-100k baht. Then ....

You see where this is going.

 

* One must understand how Thai culture and society works, before even consider legal action.

Hospitals and doctors are high up on VIP status.

To take legal actions against them, takes serious big money.

 

Signed

'From another victim of bad surgeons, who didn't persue due to more brain than money.

And some/many hospitals are owned by people/families/companies who are powerful and have big powerful political connections.

 

Getting cases dismissed, all documents disappear (in many situations) has happened before.  

Edited January 9, 2023 by scorecard

[d4dang]

I had friends who went after a private hospital in BKK...bottom line: they were fighting the Bangkok Bank legal department...the suit died after some months...their grounds were good BTW

[scorecard]

7 minutes ago, d4dang said:

I had friends who went after a private hospital in BKK...bottom line: they were fighting the Bangkok Bank legal department...the suit died after some months...their grounds were good BTW

To the OP. Thailand has powerful severe defamation laws.

 

Please be careful about mentioning names. 

[Guderian]

19 hours ago, Steven55 said:

An expat has been maltreated, in my opinion. With disastrous result.

As you say, at the moment it's just your opinion so worth nothing in the courts. I'd suggest talking to a lawyer first to see what they think. They can either tell you to forget about it and save your money, or what will be needed in the way of clear evidence to bring a case. Try Magna Carta by Soi Rungland on South Pattaya Road, in my experience they usually give pretty good advice.

[scubascuba3]

4 hours ago, PeterCouling said:

Most hospital procedures require a signed waiver form prior to, say, an operation.

I wonder if unconscious they hold your hand and sign for you

[howerde]

Think carefully has your friend complained to the hospital using their internal process ? and given them every opportunity to fix the issues?, you need to follow it through getting everything in writing. I do not want to discourage you but the hospital legal firms will be tier 1 law firms. with ample money, they can take months/years if necessary(just drag it out til you give up) , and as for getting any meaningful compensation as you would expect in the west that will not happen, at best they might just might have to try and rectify the problem, and as we all know you can not mention the hospital or doctors. i wish your friend good luck 

[Shop mak]

OP feedback response?

[JimTripper]

12 hours ago, scorecard said:

To the OP. Thailand has powerful severe defamation laws.

 

Please be careful about mentioning names. 

It would still be interesting to know what happened. If there is a fear of that I can’t see how there would be balls for a lawsuit.

[scorecard]

2 hours ago, JimTripper said:

It would still be interesting to know what happened. If there is a fear of that I can’t see how there would be balls for a lawsuit.

'Fear'. Well that's not really the key word.

 

The reality of the situation, these guys have enormous power and resources which 'can move mountains' and they have no fear or concern for one patient, regardless of errors or mistakes. .  

Edited January 9, 2023 by scorecard

[JoseThailand]

10 hours ago, howerde said:

getting any meaningful compensation as you would expect in the west that will not happen

So in the West the hospitals don't work with top-tier law firms? In the West, and especially America, the hospitals are way more powerful and connected than in Thailand.

Edited January 9, 2023 by JoseThailand

[jacko45k]

4 hours ago, JoseThailand said:

So in the West the hospitals don't work with top-tier law firms? In the West, and especially America, the hospitals are way more powerful and connected than in Thailand.

I don't know about that... the power in Thailand transcends law. 

[JoseThailand]

2 hours ago, jacko45k said:

I don't know about that... the power in Thailand transcends law. 

Anyway the hospitals in America can afford the best of the best lawyers and law firms. All within the law.

[Sheryl]

 Contrary to what some have said, there have been cases where people have suceeded in getting compensation from hospitals.

 

HOWEVER:

 

1. This occurs only when grievous harm has resulted. How incompetent (or unkind) the hospital may have been does not matter, only what permanent damage resulted.

 

2. Settlement amounts are much, much, much lower than in Western countries -even when death resulted. In cases I know of only the additional medical costs were reimbursed. Nothing for pain/suffering, no punitive damages.  At very best, might get actual additional medical expenses plus lost wages if the person was of employment age, had an employment track record and was rendered permanently unable to work.

 

3. The only way to come out ahead on this is to settle out of court, you really do not want to go to court- hospitals have lawyers on staff and no limit to how much time they can put into it, they will wait you out as your legal costs mount. The real leverage is that hospitals will not want the negative publicity and for that reason have some incentive to want to settle.  In that scenario legal costs aren't so much, mainly having lawyer draft and send a letter and perhaps attend meetings with the hospital.

 

 

 

 

[PJ71]

1 hour ago, Sheryl said:

 Contrary to what some have said, there have been cases where people have suceeded in getting compensation from hospitals.

 

HOWEVER:

 

1. This occurs only when grievous harm has resulted. How incompetent (or unkind) the hospital may have been does not matter, only what permanent damage resulted.

 

2. Settlement amounts are much, much, much lower than in Western countries -even when death resulted. In cases I know of only the additional medical costs were reimbursed. Nothing for pain/suffering, no punitive damages.  At very best, might get actual additional medical expenses plus lost wages if the person was of employment age, had an employment track record and was rendered permanently unable to work.

 

3. The only way to come out ahead on this is to settle out of court, you really do not want to go to court- hospitals have lawyers on staff and no limit to how much time they can put into it, they will wait you out as your legal costs mount. The real leverage is that hospitals will not want the negative publicity and for that reason have some incentive to want to settle.  In that scenario legal costs aren't so much, mainly having lawyer draft and send a letter and perhaps attend meetings with the hospital.

 

 

 

 

Wise words.

[Keep Right]

The courts are corrupt in Thailand and take many years for any type of settlement. Then you have appeals that take another few years. Not worth the time and money.

[nigelforbes]

20 minutes ago, Keep Right said:

The courts are corrupt in Thailand and take many years for any type of settlement. Then you have appeals that take another few years. Not worth the time and money.

And you know this how?

[scubascuba3]

37 minutes ago, Keep Right said:

The courts are corrupt in Thailand and take many years for any type of settlement. Then you have appeals that take another few years. Not worth the time and money.

I discuss court cases with my lawyer friend who goes to court every week, she's never mentioned that. Police yes for sure

[ubonr1971]

On 1/9/2023 at 10:35 AM, Shop mak said:

2-4 years wait before verdict.

300,000+ in lawyer fee

Hightened stress for the patient.

 

Yes all hospitals require the patient to sign many documents, before surgery.

add a zero to that number?

[PJ71]

31 minutes ago, ubonr1971 said:

add a zero to that number?

So 20-40 years? 

 

Now that is a long wait!