A Japanese woman was awarded more than 10 million baht in damages by a Thai court for burns she received while giving birth at a Bangkok hospital in 2012.
The Court of Appeal yesterday upheld the lower court’s decision.
WHAT HAPPENED?
The medical malpractice legal case dates back to Feb 25, 2012 when Ms Ito gave birth to a child at the hospital with Dr Theera as the attending physician.
During delivery (childbirth), a so-called "tourniquet machine" was used and is believed to have come into contact with alcohol which caused burns measuring 15cm by 30cm, running from under her right breast down to her upper right thigh.
Ms Ito, who continues to receive treatment to this day for the burns, said yesterday that she was satisfied with the court ruling although a criminal complaint she had filed with police had made no progress.
DOCTOR & HOSPITAL FOUND NEGLIGENT
In its ruling, the court found Bangkok Dusit Medical Services, which owns Bangkok Hospital, and physician Theera Watcharapreechanont liable for negligence, which caused 44-year-old Mikayo Ito to suffer from third-degree burns during childbirth.
The court ordered the hospital and the doctor to jointly pay Ms Ito 10.2 million baht in damages plus annual interest of 7.5%.
LACK OF CAUTION, NOT FAULTY EQUIPMENT
Ms Ito initially demanded 82 million baht in damages from the hospital, the doctor as well as the medical equipment manufacturer.
However, the court dismissed the lawsuit against the equipment manufacturer Covidien (Thailand) Ltd, which manufactured the electric tourniquet machine in the hospital on the grounds that the equipment was not faulty, rather there was a lack of caution in using the machine
Citing witness accounts, the Court of Appeals ruled the case was not force majeure as claimed by the defendant, but instead resulted from a lack of caution.