Legal Problems in Resolving Medical Disputes in Public Hospitals

Abstract

This research aims to: (1) examine theoretical perspectives on legal issues in medical dispute resolution in public hospitals; (2) analyze factual and legal problems concerning medical dispute resolution in public hospitals; (3) compare legal issues in medical dispute resolution in public hospitals between Thailand and other countries; and (4) propose suitable foreign legal approaches to be adapted into Thai law. This qualitative research is conducted through a review of legal texts, academic books, research articles, journal publications, and online sources, supplemented by focus group discussions and in-depth interviews with experts. The study identifies three critical legal issues: (1) the application of punitive damages under Section 42 of the Consumer Case Procedure Act B.E. 2551 (2008); (2) the provision of initial remedies under Section 41 of the National Health Security Act B.E. 2545 (2002); and (3) the right of recourse under Section 42 of the same Act. The research proposes the following recommendations: (1) amending Section 3 of the Consumer Case Procedure Act B.E. 2551 (2008) by revising the definition of "consumer case" to explicitly exclude medical services, thereby preventing the application of punitive damages under Section 42 in such cases; (2) amending Section 41 of the National Health Security Act B.E. 2545 (2002) to extend initial compensation coverage to all entitlements, including civil servant benefits and social security benefits; and (3) amending Section 42 of the same Act to allow the right of recourse only when a final court judgment has established liability.