Consideration of Claims Model for Preliminary Solatium Payment Regarding Loss or Damage Caused from Health Care Service in Compliance with Section 41 of the National Health Security Act B.E. 2545 (A.D. 2002) in Si Sa Ket Province

Authors

  • Thawatchai Toemjai -
  • Sasithorn Chaiyasaj

Keywords:

Preliminary solatium payment, The damage caused by health care service, Section 41, National Health Security Act B.E. 2545

Abstract

This study was a mixed methods research, with pre and post-test design. The purpose was to study the claims consideration model for preliminary solatium payment regarding loss or damage caused by health care service in compliance with section 41 in Si Sa Ket province, Thailand. The qualitative and quantitative data were collected through questionnaires and focus group discussions. The samples were 54 respondents. The quantitative data were analyzed by descriptive statistics such as frequency, percentage, mean, and standard deviation. Statistics were compared using paired t-tests. The qualitative data were analyzed by content analysis.

              The results indicated that from 2018 to 2022, 145 (92.4%) cases were accepted as they were caused directly by healthcare services. Most cases occurred at secondary hospitals (52.4%). among clients under 10 years old (26.1%). The highest rate of complaints was in obstetrics and gynecology (54.4%). The cause of the claim was disability or permanent disability cases (44.9%). The reason for complaints was force majeure (60.7%). For the model of consideration of claims for preliminary solatium payment, the mediation, follow-up visits case at home, and assessment of the satisfaction. In the comparison of training results, it was found that the mean scores of knowledge (p<0.001), perception (p<0.001), practice (p<0.001), and participation after training were higher than before the training, with statistical significance (p<0.001). The research findings, can be used as guidelines for planning and implementing preliminary solatium payment regarding loss or damage caused from health care services, both for  Si Sa Ket Province, and for the rest of Thailand. This model would achieve suitability and fairness, reducing the conflict between physicians and patients, in order to prevent prosecution in court.

References

Boonsak Hanterdsith. (2011). Preliminary financial assistance under section 41 and civil litigation. Journal of Health Systems Research, 5(2), 205-215.

Boonsak Hanterdsith. (2012). 7th anniversary of the consideration of preliminary solatium payment under section 41 in Lamphun Province: present and future trends. Journal of Health Science, 20(6). 971-981.

Chardsumon Prutipinyo. (2015). No-fault liability compensation system. Public Health & Laws Journal, 1(1), 60-75.

Healthcare Accreditation Institute, the (Public Organization). (2017). Patient and Personnel Safety (2P Safety) (1st ed.). Nonthaburi: The Healthcare Accreditation Institute.

Jarunee Pojsutjarit. (2017). The effectiveness of first aid solatium payment regarding section 41: Lamphun Province. Lanna Public Health Journal, 13(2), 86-92.

National Health Security Office, Thailand. (2012). Guidelines for the operation of preliminary solatium payment: Service recipient case & Service provider case (4th ed.). Bangkok: National Health Security Office.

Prakit Potiart. (2017). The study of conflict management in medical and public health service system of service delivery units in Phra Nakhon Si Ayutthaya Province. Journal of humanities and social sciences. 5(1), 95-118.

Pattapong Kessomboon, Nusaraporn Kessomboon†, Supasit Pannarunothai and Amorn Premgamone. (2010). Decision-making on Patient Compensation Related to Adverse Events. Journal of Health System Research. 4(1), 82-88.

Photsathon Khongthalerngsiriwatthana. (2017). Compensation from a medical accident in France. Legislative institutional repository of Thailand. 65(7), 90-112.

Pitchaya Sornlertlumvanich, Sutham Pinjareon. (2012). Complaint management at Songklanagarind Hospital. Songkla Med J, 30(5), 277-285.

Rattanasit Thipwong, Suphasit Phanarunothai, and Thanaseth Kuljiramanakan. (2019). The Compensation Mechanism of Adverse Events in Thai Healthcare. Public Health & Laws Journal, 5(2), 221-235.

Sawaeng Boonchalermvipas. (2015). Draft law for patient’s protection due to damages from public health service provider: analysis on advantages and disadvantages. Public Health & Laws Journal, 1(1), 49-59.

Sanae Chaiphosan. (2018). Developing of Conflict Management System for the Health Care Services under Act Section 41 in the Government Hospital, Nongbua Lamphu. Nursing, Health, and Education Journal, 1(2), 10-17.

Sisaket Provincial Public Health Office. (2022). An annual performance report in 2021.

Swedish Institute. (2009). Health Care in Sweden. Retrieved from Si.Svenska institutet: http://www.si.se

Thidarat Khaongoenyuang. (2015). Associating Factors with Basic Compensation for Injuries from Health Services. Public Health & Health Laws Journal, 1(3), 196-207.

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Published

2023-05-02

How to Cite

Toemjai, T., & Chaiyasaj, S. . (2023). Consideration of Claims Model for Preliminary Solatium Payment Regarding Loss or Damage Caused from Health Care Service in Compliance with Section 41 of the National Health Security Act B.E. 2545 (A.D. 2002) in Si Sa Ket Province. Public Health Policy and Laws Journal, 9(2), 125–139. Retrieved from https://so05.tci-thaijo.org/index.php/journal_law/article/view/263665

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Original Article