ทุกคำถามเกี่ยวกับร่างพรบ.คุ้มครองผู้เสียหายฯ นพ.วิชัย โชควิวัฒน มีคำตอบ

Extra mediators take on medical cases


Bangkok Post
Published: 17/07/2011 at 12:00 AM


A rising number of complaints over medical malpractice has prompted the Nonthaburi Provincial Court to appoint more mediators in a bid to avert protracted legal battles.
A new batch of 50 mediators will be added to the 90 incumbents and assigned to arbitrate disputes between accusers and defendants at the court, which deals with the country's highest number of medical malpractice cases.
The large workload is due to the court being in the same province as the Public Health Ministry.
When patients who are dissatisfied with state hospital treatment lodge complaints with the ministry, it then forwards their cases to the court.
The court has agreed to promote an "alternative justice system" to cope with the increase in civil and criminal cases, said Montri Silmahabandit, a judge with the Office of Supreme Court President.
Instead of embarking on the time-consuming and often costly process of resolving disputes through court, all parties are now being offered a shortcut with the help of mediators.
The mediation is intended not only to settle disputes but also conclude in such a way that both parties gain something from the experience, rather than being cast as "winners and losers", as tends to be the case in court rulings, said Mr Montri.
The Nonthaburi Provincial Court receives between 40 and 60 medical malpractice cases a year. If all of them are brought to the judges, they will lead to lengthy consideration, which is undesirable given the heavy complaint load.
In the past two months, "we have resolved eight cases, all of which involved long and tiresome court battles," said Nonthaburi Provincial Court chief mediator Prakairat Tanthirawong .
Under the "alternative justice system", a judge will team up with two mediators, one of whom must be medically knowledgeable, to ensure reconciliation efforts are conducted correctly and impartially.
However, although the court's intention to offer a faster route to resolution for patients and hospitals appears sound, doubts over compensation amounts may arise, said Preeyanan Lorsermvattana, the leader of the Network of Victims of Medical Malpractice.
She believed the Public Health Ministry, which oversees state hospitals, will not easily acquiesce to pay victims of medical malpractice.
If it decides to pay compensation, the value is limited by a Finance Ministry regulation to a minimum of 200,000 per case, which may not be acceptable to some patients.
"Usually [the Public Health Ministry] will pay the money after the cases go through three courts," said Ms Preeyanan. "And in most cases, the complainants lose."
But Mr Montri stands firm in his resolve to run the mediation campaign, in which he is appointed as a trainer for prospective mediators.
The campaign, supported by the Office of the Courts of Justice, encourages all courts nationwide to settle as many cases as possible through the mediation.

สถานการณ์ร่างพรบ.คุ้มครองผู้เสียหายฯ กับรัฐบาลอภิสิทธิ์ เวชชาชีวะ

คลิบวิดีโอเรียกร้องพรบ.คุ้มครองผู้เสียหาย

คลิปสร้างกำลังใจ