The Medical Liability and the Best Practice for Medical Profession

Abstract

            This articles aims to examine the medical liability and the decline employing the concept of the best practice to medical negligence case. In the past, the physician faced with fort action for the patient’s death .  Tort action was accrued under section  420 of the Thai civil and commercial code. To resolve the medical lawsuits, courts always apply general tort law, contract law, Criminal law as well as the best practice technique to maintain medical standard

            However according to medical standards and primary legislations   in the United Kingdom and in the United State, the courts tended to decline in using the best practice method for medical malpractice case, by taking an approach to  consider advantage  and disadvantage of medical treatment, dangerous and serious illness, a patient’s financial situation  particularly, how to facilitate understanding between doctors and patients about treatment of disease  and its potential side effects including medical diagnostic knowledge applications. The problem on legal medical malpractice claims dis courage physicians, and patients.