FAMILY WINS CASE OVER DEATHS DURING CHILDBIRTH

At 9am yesterday, the court read out the verdict in a civil lawsuit filed by a factory owner Burin Seriyothin, his three children and his late wife’s parents against Samitivej Hospital, its director Dr Kriangkrai Akkarawong, anaesthesiologist Dr Supak Janjamphi and case doctor Dr Chalat Toochinda. They were being sued for Bt700 million in compensation for the death of Burin’s wife Jureerat.

 

The lawsuit was first dismissed in the lower court, while the Appeals Court acquitted Dr Kriangkrai and ordered the rest to pay Bt10.33 million in compensation. The defendants then took the case to Supreme Court. 

 

The lawsuit said that Burin had taken Jureerat to the hospital on September 6, 1995, and she was given an injection and told to stay overnight. The next day, Jureerat developed labour pains and her water broke, but she was just given another injection. 

 

On the morning of September 8, 1995, Burin found Jureerat alone and writhing in pain, so he alerted the staff. Dr Chalat arrived to check her. Later, both Jureerat and her unborn child died because amniotic fluid had entered her circulatory system and flooded her lungs, which blocked the blood flow causing the heart to fail.

According to the court, the doctors had given Jureerat medication and left her in the care of nurses, when actually they should have been present because medication can have dangerous side effects. 

The Supreme Court said Burin was present at the delivery room at all times, and many witnesses had said that his testimony was not fabricated to bully the defendants. In addition, the plaintiffs were regular clients of this hospital. 

 

The Supreme Court ruled that it was reckless for the two doctors to not be present in the delivery room at all times, which endangered Jureerat and caused damage to her family. Hence, the doctors and the hospital should be responsible for their actions and pay the family a total of 8.3 million plus 7.5 per cent annual interest since September 8, 1995. The defendants also have to pay Bt150,000 in legal fees for the plaintiffs. 

 

After hearing the verdict, Burin said he hoped this case would help patients learn about their rights and perhaps teach those in the medical profession and hospitals to treat patients with good standards, morally and with responsibility. Revealing that all he wanted was an apology, he thanked the court for being just and said he planned to donate the money so it can benefit the medical industry and other public services.