Problems of liability in medical profession to the act of tort by ingures of the life and body

Abstract

This thesis aimed to study background, history, concept, and theory on physicians' tort liability on life and body damages.  This study covered legal measures in Thailand and abroad, and to analyze problems and obstacles of medical providers, in order to propose recommendations for improvements on tort liability.

             The findings showed that (1) searching for crucial medical facts was a heavy burden for the plaintiffs.  This is because most of medical evidences are in the exclusive knowledge of the defendants only (physicians).  Therefore, it is difficult for the plaintiff to prove and search for important facts necessary for court case accurately and fairly.  (2) the problems on proving physicians' tort liability, needs criteria on appointing medical expert witness to establish a fact due to physicians' tort liability, in accordance with Section 84/1 of the Civil Procedure Code; and (3) for punitive damages, the Civil and Commercial Code and the Medical Profession Act, B.E. 2525, still lack of criteria on punitive damages.  This leads to physician's tort regularly.

             The researchers would like to propose for revisions on the Section 438 of the Civil and Commercial Code and the Section 32 of the Medical Profession Act, B.E. 2525, in order to provide criteria on punitive damages in both laws.