Professional Nurses and Torts by Negligence Criteria: A Comparison of Law in Thailand and England

Abstract

This academic article focuses on comparing torts by negligence criteria of registered nurses between Thai law and English law. It was found that the rules of the judgment of the English courts and Article. 420 of the Thai Civil and Commercial Law on tort by negligence were the same. It is adjusting the fact that the act was a negligent offence or without consideration of the principles of caution whom a person in such a situation must meet the standards of care and skill of the nursing profession. The difference is that damages are required by Thai law to be based on proof of damages, as the case may be, determined by the court as appropriate and without punitive damages. This is an additional damage from ordinary damages intended to punish the offender for causing significant damage to the offender for violent behavior. English law provides that punitive damages must be expressly required by law, or that a government official acts arbitrarily or the court determines that the defendant has benefited from the offence beyond paying damages to the plaintiff. It is suggested that in the future, punitive damages may be applied in Thailand as appropriate. There should be trainings for professional nurses about strict compliance with nursing standards, tort by negligence liability and writing nursing records as nursing evidence.