Hot! Informed consent in Thailand?

Photo by Michele Plunkett

Thailand law requires that medical professionals provide full disclosure regarding any medical treatment or procedure pursuant to the Thailand Medical Act.

However, in light of the recent covid-19 emergency laws and regulations, is informed, are the informed consent requirements of the Thai Medical Act and Physician Association still enforceable?

The Covid Emergency Act is silent on the issue of informed consent but does provide an exclusion from liability for health workers. In May of 2021, we reported on Buriram province regulations to make vaccines mandatory.

At the time, the Buriram provincial governor stated that there was no mandate for vaccines and news reports were false. However, the Notice Order from Buriram clearly stated that.

So, the question arises as to whether the Emergency Covid Act and Provincial government Legal Notice “Trump” an existing National Law, namely the Thailand Medical Act, which clearly states that the medical professional is required to obtain “informed consent” from the patient from before administering a medical procedure. So, there are no Supreme Court cases.

 

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