Best Birth Injury Lawyers in Bangkok

About Birth Injury Law in Bangkok, Thailand

Birth injury law in Bangkok, Thailand, falls under the wider framework of medical malpractice and negligence laws. Should a child suffer an injury during birth directly resulting from the actions or inactions by medical practitioners, it might be a case of birth injury. These could include physical harm, neurological or developmental issues, or even wrongful death. In such instances, parents can seek legal remedies through the courts.

Why You May Need a Lawyer

If you suspect that negligence, unprofessional conduct, or error on the part of the medical staff led to your child's birth injury, you may need a lawyer. Lawyers who specialise in birth injury will help guide and represent you through the complex process from determining whether you have a valid case, collecting evidence, preparing the lawsuit, to representing you in court.

Local Laws Overview

Thailand’s Civil and Commercial Code provides the legal premise for claims involving birth injuries. The law imposes a duty of care on medical professionals, and a breach of this can constitute negligence. It permits injured parties to seek compensatory damages, which are designed to make victims 'whole' by affording them monetary compensation for their physical, financial, and emotional losses.

Frequently Asked Questions

1. What types of damages can I receive from a birth injury lawsuit?
In Bangkok, a birth injury lawsuit can result in compensation for medical expenses, rehabilitation costs, pain and suffering, loss of earnings, and the cost of future care.
2. How long do I have to file a birth injury lawsuit?
Generally, the statute of limitations for personal injury lawsuits, including birth injuries, in Thailand is one year from the time the plaintiff became aware of the injury.
3. What needs to be proven in a birth injury case?
The plaintiff must generally prove that the healthcare provider owed them a duty of care, they breached that duty, the breach actually caused the injury, and that the injury led to damages.
4. Are all birth injuries the result of medical negligence?
No, not all birth injuries are due to medical negligence. Some are simply due to natural, unpreventable complications. However, if a healthcare provider's negligent actions worsened the situation or created the situation, it may be a case of medical negligence.
5. What should I do if I suspect a birth injury?
If you suspect a birth injury, it's important to get your child medical help immediately. Then, it can be crucial to consult with a lawyer who specializes in birth injury cases.

Additional Resources

The Thai Medical Error Network is a voluntary organization that can provide assistance and information about filing a birth injury claim. The Department of Health, Ministry of Public Health, and Medical Council of Thailand can also provide information and support regarding medical malpractice and birth injury cases.

Next Steps

If you believe your child is a victim of a birth injury in Bangkok, your first step should be to consult a lawyer with expertise in the field. They will help you understand the nuances of your case, collect necessary evidence, and file a lawsuit if appropriate. It could also be beneficial to gather all medical records and documents associated with the period of pregnancy, childbirth, and postnatal care as they will provide valuable evidence should there be a court proceeding.