Pre-litigation Mediation in Medical Disputes : A Case Study of the Police General Hospital

Abstract

Thailand has adopted alternative dispute resolution (ADR) as a mechanism for resolving medical disputes outside the court system. However, such mechanisms remain unclear or inadequately established in certain healthcare institutions, such as the Police General Hospital, which is not under the jurisdiction of the Ministry of Public Health. Moreover, the Mediation Act B.E. 2562 (2019) does not specifically provide for medical dispute mediation This study therefore analyzes and compares foreign approaches, including Sweden,which employs a no-fault compensation system through an insurance fund without requiring proof of fault, and the United States, which mandates mediation prior to court proceedings.

The study finds that the Police General Hospital lacks a formal and effective structure and responsible agency for medical dispute mediation. It is therefore recommended that a Medical Dispute Mediation Center be established under the responsibility of the Legal Affairs and Discipline Division, General Staff Division, Police General Hospital. Furthermore, the pre-litigation mediation process should be made mandatory. The study also proposes incorporating restorative justice principles to build trust, reduce conflict, and maintain sustainable relationships between medical professionals and patients.