When a patient has been injured physically or mentally by the wrongful treatment or malpractice of a physician, criminal proceedings are one of many mechanisms for medical service quality control. However in Thai society, there have been very few cases in the criminal justice system involving medical malpractice. Therefore, the objective of this study is to compare the Thai procedure of dealing with criminal medical malpractice with those of the United States of America and England by analyzing legal theories stated in the Criminal Code, the Criminal Procedure Code, and available precedent cases in Thailand, United States of America and England.The study revealed that the context of Thai society are different from those of United States of America and England in many ways.Unlike in United States of America and England, the Thai society does not view physicians as criminal. The study also found that the circumstances of malpractice cases in United States of America and England are more varied and have more forms than in Thailand. Moreover, the legal procedure systems in Thailand, United States of America and England are different. The United States of America and England apply the common law systemby using juries. Thailand applies the Civil law system to deal with accusations. In many malpractice cases in Thailand, physicians were often charged of mistake by recklessness, which comes under the Thai legal system. Level of negligent and recklessness must therefore be considered. The problem is that it is difficult to differentiate which act is negligent, or which act is reckless. The contrary in United States of America and England, the law of both countries clearly states that the act of recklessness with malice (mens rea) is criminal or misconduct.