The solving and ruling in malpractice lawsuits requires a lot of medical knowledge. According to the Thai traditional civil code, a claimant must provide sufficient evidence of another’s negligence. That is, the patient must prove to the court how the physician’s negligence resulted in medical harm to the claimant. This duty of proof makes it difficult for a claimant since the claimant is not a physician. However, under the new law on consumer procedural code, of B.E. 2551 the onus is on the prescribing physician to prove their non-negligence. Some legal scholars have proposed that judges should use more expert medical witnesses especially in criminal matters. However, some judicial proceedings such as the medical expert witness selection process may require amending. Also, the Medical Council has proposed the plaintiff’s right to oppose the medical expert witness’ testimony. This includes specific criminal laws of malpractice cases aimed at discharging physicians who treated or cured patients in good faith (bonne foi).