LEGAL MEASURES RELATING TO MEDICAL INDEMNITY INSURANCE FOR MEDICAL PRACTITIONERS IN THAILAND

Abstract

This research article aimed to: (1) investigate the problems concerning medical indemnity insurance arising from damages caused by the practice of medical practitioners; (2) conduct a comparative study of insurance laws relating to compensation for damages arising from healthcare services provided by healthcare professionals in the United Kingdom; and (3) propose legal guidelines and insurance measures for compensating persons who suffer harm from receiving healthcare services. This study employed a qualitative research methodology using documentary research.

The findings relating to the first objective revealed that Thai law does not currently require medical practitioners to maintain insurance or professional liability indemnity arrangements as a condition for practising medicine. Consequently, injured persons still lack a clear and comprehensive source of compensation, while medical practitioners must bear legal, financial, and professional risks themselves. Although Section 41 of the National Health Security Act B.E. 2545 (2002) provides preliminary financial assistance without requiring proof of fault, limitations remain regarding the amount of compensation, the scope of coverage, and the process for consideration.

The findings relating to the second objective revealed that the United Kingdom requires healthcare professionals to maintain appropriate insurance or indemnity arrangements linked to professional registration and licence renewal under the supervision of professional regulatory bodies. This system enables injured persons to access a clear source of compensation. Therefore, this approach should be adapted and applied in Thailand. The findings relating to the third objective revealed that a compulsory medical indemnity insurance system should be established and linked to the issuance and renewal of professional licences. This system should incorporate the no-fault compensation principle and specialist-based dispute resolution mechanisms. Furthermore, an appropriate legal framework and insurance premium structure should be developed to ensure effective compensation and consistency with the Thai context.