New fund for victims of malpractice
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Bill passes four public hearings; medical council against the move
THE PUBLIC Health Ministry’s Department of Health Service Support (HSS) is going ahead with the drafting of a Healthcare Victim Protection Bill, despite dissent from the Medical Council of Thailand.
To pay compensation to patients affected by medical errors, a new fund will be set up after the bill passes and it will come under the budget for Section 41 of the National Health Security Act.
Yesterday, HSS deputy director-general Dr Tares Krassanaira-wiwong reported on progress of the draft bill that has already passed four public hearings.
In the next couple of weeks, there will be a final hearing to be participated in by consumers, the Thai Medical Error Network and those from health-professional associations. It will gather comments, which will then be compiled and referred to the Public Health Ministry for consideration.
Tares insisted the act was being drawn up to protect both patients and healthcare workers, because either group can be affected by medical errors.
“The act is not interested in finding guilty individuals but in achieving reconciliation in order to settle lawsuits. The bill states clearly that if victims receive compensation, they have to end their civil complaint,” he said.
Tares said the board overseeing the healthcare victim protection fund would decide the rate of compensation. He confirmed the rate would be more than is specified by Section 41 of the National Health Security Act 2002.
However, Professor Dr Somsak Lolekha, president of the Medical Council of Thailand, said the new fund would be too costly to implement.
He said it would be more appropriate simply to increase the rate mandated by Section 41 of the existing act and expand the eligibility for compensation.
The current compensation authorised by Section 41 for death cases is Bt400,000, and for errors causing disability Bt240,000. Only subscribers to the universal health scheme are eligible for these payments.
Besides this bill, another draft law with the more specific aim of aiding patients is being considered by the National Reform Council.
