New Thai fund for victims of malpractice

[webfact]

HEALTHCARE VICTIM PROTECTION BILL
New fund for victims of malpractice
POUNGCHOMPOO PRASERT
THE NATION

Bill passes four public hearings; medical council against the move

BANGKOK: -- THE PUBLIC Health Ministry's Department of Health Service Support (HSS) is going ahead with the drafting of a Healthcare Victim Protection Bill, despite dissent from the Medical Council of Thailand.

To pay compensation to patients affected by medical errors, a new fund will be set up after the bill passes and it will come under the budget for Section 41 of the National Health Security Act.

Yesterday, HSS deputy director-general Dr Tares Krassanaira-wiwong reported on progress of the draft bill that has already passed four public hearings.

In the next couple of weeks, there will be a final hearing to be participated in by consumers, the Thai Medical Error Network and those from health-professional associations. It will gather comments, which will then be compiled and referred to the Public Health Ministry for consideration.

Tares insisted the act was being drawn up to protect both patients and healthcare workers, because either group can be affected by medical errors.

"The act is not interested in finding guilty individuals but in achieving reconciliation in order to settle lawsuits. The bill states clearly that if victims receive compensation, they have to end their civil complaint," he said.

Tares said the board overseeing the healthcare victim protection fund would decide the rate of compensation. He confirmed the rate would be more than is specified by Section 41 of the National Health Security Act 2002.

However, Professor Dr Somsak Lolekha, president of the Medical Council of Thailand, said the new fund would be too costly to implement.

He said it would be more appropriate simply to increase the rate mandated by Section 41 of the existing act and expand the eligibility for compensation.

The current compensation authorised by Section 41 for death cases is Bt400,000, and for errors causing disability Bt240,000. Only subscribers to the universal health scheme are eligible for these payments.

Besides this bill, another draft law with the more specific aim of aiding patients is being considered by the National Reform Council.

Source: http://www.nationmultimedia.com/national/New-fund-for-victims-of-malpractice-30255333.html


-- The Nation 2015-03-05

[rametindallas]

It is a double-edged sword but one of the major reasons health costs are low in Thailand is because lawyers are kept out of medical malpractice claims which, in turn, keeps the doctor's liability insurance low. 240,000 Baht for being disabled through medical malpractice is not realistic, though. I hope they set this fund up and pay out more reasonable amounts for medical errors.

[Bluespunk]

"To pay compensation to patients affected by medical errors, a new fund will be set up after the bill passes and it will come under the budget for Section 41 of the National Health Security Act."

Good move and about time as well.

[NeilSA1]

Well done. There will always be 'dissent' from any medical council.

Lets hope the protection offered the 'victims' does not merely increase the legal practisioners' wealth.

[godden]

So the compensation could be less than the victims original bill.

[tif]

It is a double-edged sword but one of the major reasons health costs are low in Thailand is because lawyers are kept out of medical malpractice claims which, in turn, keeps the doctor's liability insurance low. 240,000 Baht for being disabled through medical malpractice is not realistic, though. I hope they set this fund up and pay out more reasonable amounts for medical errors.

Not necessarily. They could follow the UK model and not accept vexatious litigants as readily as they do in the US.

[Lupatria]

From own experience: Three X-rays and two "doctors" could not identify two broken bones in a foot and send the patient home.

If this compensation to patients affected by medical errors takes place, they will run out of funds within a week.

[maidee]

doctors think they are GOD

lawyers think they can bend the law

[Si Thea01]

Hoping someone on TVF can provide sound advise as to the steps involved in a possible medical claim. (Malpractice) This is what occurred.

Last August had a nasal operation to remove polyps. As a result suffered trauma to the extraocular (eye) muscles. Have had ongoing treatment ever since, starting with an ER admission one day after the initial discharge (3 days) then was sent to a large government hospital where I remained for 15 days undergoing extensive treatment and numerous tests. I looked like I had done 15 rounds with a boxer, face black and blue, eyes closed and my head swelling to the size of a foot ball.

During these tests it was determined that the initial nasal operation may have damaged the eye muscles and the right eye was now off centre and my vision, when both eyes open, provided double images. After more checks I was eventually operated on by a professor of ophthalmology, and was advised that the muscles had retracted so deeply into the eye, they were not able to be located.

Despite this operation, my vision is still distorted, I get mixed messages sent to the brain when both eyes open, have difficulty in reading, poor night vision and cannot drive. The eye is still off centre and will require another operation in order to use muscles from other parts of the eye in an attempt to stabilise my vision.

Unfortunately, I have been advised that even if this is successful, my eye, if lucky, will only return to 85% of normality, the worst case scenario is, no change, If the latter occurs then my life style has been severely impaired and I will never be able to undertake many activities in the future, he main one being driving. If the former, then it has still been impaired but to what extent I won't know until after surgery.

The doctor who performed the initial operation is aware of my problems but not the extent, nor has he been told that I want to seek compensation as of yet I have no knowledge of the final outcome. I have to wait until after the second operation to be given the results before I can even start the process,lodging a claim. I don't want to involve lawyers unless I really have to, so if anyone has had a similar claim or is aware of the steps I need to undertake in order to seek compensation, then any genuine advise would be greatly appreciated.

Regards

Si Thao

Edited March 5, 2015 by Si Thea01