Abstract:
This research aimed to: 1) explore definitions, backgrounds, concepts, and theories
related to measures to protect the rights of those who suffered losses and damages caused by public health services they received without proving their guilt, 2) conduct a comparative study on right protection measures between Thailand and other countries, 3) analyze legal problems related to right protection, and 4) propose guidelines for the improvement of Thailands right protection measures. This research employed qualitative methodology, reviewing related documents, concepts, theories, and Thai and international laws relevant.
The results revealed that the National Health Security Act granted the rights to receive
compensation to those having a health security right or holding a Gold health security card, not granting the rights to social security card holders, government officers, and state enterprise employees. Despite the implementation of the compensation system without the proof of guilt, compensation was still limited and was not considered to be paid in some cases even if patients suffered serious losses and damages caused by the public health services they received. The research recommended the amendment of laws related to compensation for losses and damages caused by public health services. A compensation system without the proof of guilt should be implemented to allow those suffering losses and damages to receive compensation shortly and reduce their concerns as a result of those losses and damages to promote good relationship between patients and medical practitioners.