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New burden on patients

New legislation that allows people to file malpractice suits and demand huge compensation will make medical treatment difficult and costly, Health Service Support Department director-general Suphachai Khuna-rattanaphruek warned yesterday.



The 2008 Procedural Act for Consumer Protection Cases, which comes into effect from August 23, will only result in hostility between doctors and patients, he said.

The law encourages patients to exercise their rights, though some conditions in the law could easily be exploited.

In the long run, this new law could also result in a drastic drop in the quality of treatment because doctors at smaller hospitals would transfer patients in serious condition to larger hospitals to avoid the risk of being sued.

In turn, these transfers may result in unnecessary deaths or injuries, especially in remote areas.

The legislation will also burden people with high insurance premiums, Suphachai added.

However, he said, the Public Health Ministry was setting up a fund that would compensate malpractice victims without subjecting doctors to criminal liability.

Foundation for Consumers' manager Saree Ongsomwang said the law had been initiated by judicial authorities, who were disgusted by legal procedures working in favour of doctors.

She said the law would not affect government hospitals and their staff because they were already protected and mistreated patients could be compensated under another law.

Saree said the Health Ministry should not be influenced by the Medical Council, which is currently being lobbied by private hospitals for protection from the new law.


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