LEGAL PROBLEMS ON BASIC ASSISTANCE IN CASE SERVICE RECEIVER DAMAGE FROM MEDICAL CARE

Abstract

This article, the author aims to review guidelines on “Basic payment” in the event that the service provider has been damaged by medical treatment under the National Health Security Act 2002, Article 41 that does not prove fault in order to be a primary aid and alleviate the suffering with speed and fairness and maintain a good relationship between service providers and clients that have the opportunity to reduce the number of medical lawsuits. From the study found that

1. The problem of rights protection in the event of the death of the baby in the womb of the mother still alive And in the event that the mother dies as a result of giving birth in a service unit. Currently, the Office has stipulated that the infant who died while in the womb is eligible to receive basic financial support if the mother must be 37 weeks pregnant. Which is not consistent with medical principles about the threshold of Viability of each institution both domestic and international Such as the World Health Organization, England, USA and the Royal College of Obstetricians of Thailand? Gestational age is set to 24 weeks only. The law should therefore be amended by requiring gestational age to 24 weeks to provide protection for the rights of babies who have died while in the womb, whose mother is still under 37 weeks of age, even if there is no legal condition but such babies are considered as one life as well.
2. Problems regarding the use of recourse against the offenders of the National Health Security Office that is not clear what criteria to use to take recourse according to the law. The law should therefore be amended by adding paragraph two of Article 42 requiring that the Office shall have the right to recourse only if the offender deliberately or gross negligence according to the opinion of Committee for Investigation of Liability in Violations under the Official Liability Act of 1996 only for the fairness of government officials and to ensure the stability of the state’s fiscal status continue to be prosperous and sustainable.