Court orders Bt1 million payout to celebrity chef over child’s birth defects

[webfact]

Court orders Bt1 million payout to celebrity chef over child’s birth defects

By THE NATION

 

 

AFTER AN 11-year court battle, Malaysian celebrity chef Walter Lee’s family will receive Bt1 million in compensation from Bangkok’s Bumrungrad International Hospital and two doctors over their negligence in failing to identify birth defects in Lee’s son.

 

The payout is significantly less than the Bt390.9 million originally sought in the civil lawsuit.

 

The Supreme Court verdict yesterday upheld a previous court ruling that the private hospital, along with obstetrician Dr Dechapong Phucharoen and radiologist Dr Orachat Udompanich, jointly pay the family the compensation with an annual interest rate of 7.5 per cent from the lawsuit-filing date of September 20, 2007, until full payment is made.

 

In the lawsuit, Lee – who was a former host of the @5 Dairy cooking show on Channel 5 – accused the hospital and two doctors of contributing to his son’s deformity. 

 

Lee’s Thai wife, Prapaporn Saejeung, was told during antenatal care at the hospital that the ultrasound examination result showed the foetus in her womb was healthy and strong, but the boy, now 12, was born in September 2006 with one complete left arm, half a right arm, no right leg and an incomplete left leg with three toes and dislocated hip joints. 

 

The couple claimed that a second ultrasound they had asked for – but was ruled out by the doctor as unnecessary – could have detected the deformity.

 

Phra Khanong Provincial Court, as the primary court, ruled in December 2009 that the hospital and two doctors must jointly pay compensation worth Bt12 million plus the 7.5 per cent annual interest. 

 

The primary court noted that the compensation ordered was less than the family had demanded because the judge was of the opinion that the three defendants had not acted with malicious or criminal intentions.

 

However, the case was forwarded by both sides to the Appeals Court, which then ruled that the three defendants must pay only Bt1 million plus the 7.5 per cent annual interest.

 

After the child’s birth, the Lee family found a German team of prosthetic specialists to help the boy stand and walk.

 

According to Facebook page, facebook.com/walter.lee.12720, Lee later established the Zy Movement Foundation to help disabled children in Thailand and across Southeast Asia.

 

In one of its upcoming activities, the Zy Movement Foundation Malaysia will join with Penang Hill Corporation and The Habitat Penang Hill to organise the third “Climb To Change A Life “ event on May 6. 

 

The activity, involving 40 children with physical impairments and 120 volunteers, is primarily targeted to help children born with limb deficiencies to nurture self-belief and optimism through participation in physically-challenging activities.

 

Source: http://www.nationmultimedia.com/detail/national/30340932

 

-- © Copyright The Nation 2018-03-15

[anon789561]

well the kid was going to be born with disabilities regardless of whether the doctors noticed it or not. can't really see how they are to blame

[YetAnother]

2 hours ago, webfact said:

compensation from Bangkok’s Bumrungrad International Hospital and two doctors over their negligence in failing to identify birth defects in Lee’s son.

not great news considering many here believe this hospital  to be the best in the country; good on the compensation for the victim

[rkidlad]

2 hours ago, webfact said:

The payout is significantly less than the Bt390.9 million originally sought in the civil lawsuit.

Now there’s an understatement. 

[Gillyflower]

This hospital is considered to be amongst the ten best in the world!!

[1duckyboy]

56 minutes ago, Gillyflower said:

This hospital is considered to be amongst the ten best in the world!!

Care to quote your source?

[KKr]

1 hour ago, Gillyflower said:

This hospital is considered to be amongst the ten best in the world!!

really, it is a beautiful building no doubt, but who published that ranking ?

(sorry, did not see above post yet when hitting the save button)

Edited March 15, 2018 by KKr

[KKr]

2 hours ago, Happy enough said:

well the kid was going to be born with disabilities regardless of whether the doctors noticed it or not. can't really see how they are to blame

that is a sensitive issue.
Many people do believe that a deformed or mentally disabled child will not have a chance in life to obtain happiness as we understand it.
Hence, fetuses are tested and inspected, and if deformed or incapacitated the pregnancy is interrupted.
So, for doctors that claim they are capable to do such testing, and moreover refuse to make a second test, surely there is culpability in case of a misdiagnosed child.

Of course there is the question why the parents did not get a third opinion, if they felt uncertain about the capabilities of the attending physicians at this prestigious hospital.

[anon789561]

2 minutes ago, KKr said:

that is a sensitive issue.
Many people do believe that a deformed or mentally disabled child will not have a chance in life to obtain happiness as we understand it.
Hence, fetuses are tested and inspected, and if deformed or incapacitated the pregnancy is interrupted.
So, for doctors that claim they are capable to do such testing, and moreover refuse to make a second test, surely there is culpability in case of a misdiagnosed child.

Of course there is the question why the parents did not get a third opinion, if they felt uncertain about the capabilities of the attending physicians at this prestigious hospital.

the kid still has the right to live and i am sure will learn to be happy. not really anything to do with the doctors IMO. when you say happiness as we understand it, that causes concern. that kid has the right to live and deal with it's life as handed to it

[RichardColeman]

43 minutes ago, 1duckyboy said:

Care to quote your source?

TAT health  tourism brochure !

Edited March 15, 2018 by RichardColeman

[jak2002003]

The hospital did not cause the deformities.  The child would be born deformed anyway as nothing could be done in the womb.  

 

Is everyone who has a baby that is not 'perfect' going to demand compensation from the hospital.. like buying faulty good from a shop and wanting a refund?!!

 

Unless the couple wanted an abortion... which I thought was illegal here.  

[Darcula]

Reduced from 12 million ++ to 1 million ++.

 

Hmmmm, why pay any compensation at all if there was no malpractice?

[Tongjaw]

52 minutes ago, 1duckyboy said:

Care to quote your source?

 

10 minutes ago, RichardColeman said:

TAT health  tourism brochure !

 

53 minutes ago, 1duckyboy said:

Care to quote your source?

https://www.topmastersinhealthcare.com/30-most-technologically-advanced-hospitals-in-the-world/

 

https://www.advisoryhq.com/articles/best-hospitals-in-the-world/

 

http://www.healthcareglobal.com/top-10/top-10-hospitals-world

 

 

 

 

[Lupatria]

58 minutes ago, 1duckyboy said:

Care to quote your source?

The board of shareholders? 

[nahkit]

32 minutes ago, jak2002003 said:

The hospital did not cause the deformities.  The child would be born deformed anyway as nothing could be done in the womb.  

 

Is everyone who has a baby that is not 'perfect' going to demand compensation from the hospital.. like buying faulty good from a shop and wanting a refund?!!

 

Unless the couple wanted an abortion... which I thought was illegal here.  

And if they had wanted an abortion then I look forward to them explaining that to the child when he gets a bit older and works it out for himself.

[nahkit]

1 hour ago, KKr said:

the pregnancy is interrupted.

Is that the polite word for aborted?

[GarryP]

5 minutes ago, nahkit said:

And if they had wanted an abortion then I look forward to them explaining that to the child when he gets a bit older and works it out for himself.

That is how I read it too. If they had known they would have aborted. Poor kid to grow up knowing that if his parents had known, he would not have been born in the first place. Having said that, I can understand the parents too.  

[anon789561]

5 minutes ago, nahkit said:

Is that the polite word for aborted?

yes. pretty much and there are legal abortion clinics here but whatever you do, don't shoot a soi dog for getting too close and aggressive 555 : )

[BobbyL]

Very odd story. 

[anon789561]

2 minutes ago, GarryP said:

That is how I read it too. If they had known they would have aborted. Poor kid to grow up knowing that if his parents had known, he would not have been born in the first place. Having said that, I can understand the parents too.  

i have a cousin who's got downs syndrome. they reckoned he'd live to 25 max. still going strong and one of the happiest guys i've ever known, now mid 40's. relevant? yes. the kid has a right to choose for himself and science and technology changes day by day.

[TallGuyJohninBKK]

3 hours ago, YetAnother said:

not great news considering many here believe this hospital  to be the best in the country; good on the compensation for the victim

 

To me, it's a pretty sorry outcome. The award, which hasn't been paid yet, will probably be lucky if it covers the family's legal fees, much less the medical and prosthetic costs for the boy.

 

The hospital and the doctors got off EASY. And if their failure to recognize the fetus's obvious medical problems prior to birth isn't clear and blatant medical malpractice, then I don't know what is.

 

[TallGuyJohninBKK]

56 minutes ago, Tongjaw said:

https://www.topmastersinhealthcare.com/30-most-technologically-advanced-hospitals-in-the-world/

 

https://www.advisoryhq.com/articles/best-hospitals-in-the-world/

 

http://www.healthcareglobal.com/top-10/top-10-hospitals-world

 

I'd take those "rankings" with a whole pitcher full of salt.

 

The third link lists Bumrungrad solely on the basis of medical tourism.

 

The second link lists a bunch of hospitals I've never heard of, and aren't anywhere close to the best hospitals in the world.

 

Anyone can cobble together any list they want. But that doesn't mean they're accurate or objective.

 

[GarryP]

12 minutes ago, Happy enough said:

i have a cousin who's got downs syndrome. they reckoned he'd live to 25 max. still going strong and one of the happiest guys i've ever known, now mid 40's. relevant? yes. the kid has a right to choose for himself and science and technology changes day by day.

I had a daughter with severe disabilities. She was unable to walk or talk or do anything for herself.  Do you think that if I had known in advance, I would still have agreed for my wife to go through with the birth? As I said, I understand the parents too.  Unfortunately, sometimes, you don't get the choice.    

[KKr]

1 hour ago, Happy enough said:

the kid still has the right to live and i am sure will learn to be happy. not really anything to do with the doctors IMO. when you say happiness as we understand it, that causes concern. that kid has the right to live and deal with it's life as handed to it

Well, I am not going to get drawn into a discussion whether the interruption of pregnancies is acceptable or not. Thailand thinks it is, and many other countries do as well.
Let's stop the discussion there, 
before this becomes a discussion about choosing between reasonable judgement and dogma.
 

[anon789561]

1 minute ago, GarryP said:

I had a daughter with severe disabilities. She was unable to walk or talk or do anything for herself.  Do you think that if I had known in advance, I would still have agreed for my wife to go through with the birth? As I said, I understand the parents too.  Unfortunately, sometimes, you don't get the choice.    

sorry to hear that. are you saying you'd have aborted her given the chance? too sensitive a subject. no need to answer

[anon789561]

4 minutes ago, KKr said:

Well, I am not going to get drawn into a discussion whether the interruption of pregnancies is acceptable or not. Thailand thinks it is, and many other countries do as well.
Let's stop the discussion there, 
before this becomes a discussion about choosing between reasonable judgement and dogma.
 

are you a moderator? no. so i'll ignore your request

[moe666]

Drs. miss problems all the time, do not think because he or she is from the western world they would be better, western Drs. are lazy and incompetant as any in the world.

[KKr]

3 minutes ago, Happy enough said:

are you a moderator? no. so i'll ignore your request

No, I am not, figure having to read the whole forum.

And, in polite English, I said I do not want to discuss the subject whether Abortion should be allowed. Lawmakers did, and they made a decision.
If you do not like the decision, because as you stated a child has a right to live (even if it is not a life), do not use the opportunity.

(teenage) girls that got knocked up, rape victims, drug addicts, people with hereditary diseases, and people that cannot afford to raise a child and others may use the opportunity.
That is up to them, and not up to you. 

Thank you very much.

[Sheryl]

It is nto true that abortion is altogerher illegal in Thailand.

 

It is legal under certain circumstances, inlcuding any that in the docto'r judgment put the mental or physical health of the mother in jeopardy.

 

There is no specific provision for abortion on the basis of fetal deformity but it is widely done, in fact women with pregnancies that test positive for things like thalassemia (disease, not trait) are encouraged to abort.

 

And yes, the implicit assumption here is that the family would have opted to abort had they known. Which will indeed create problems for the child if he comes to understand this.

 

While in a  situation of missing limbs, the only option is to abort or continue the pregnancy, there are many problems which can be addressed while the fetus is still in the womb and there have been great advances in fetal surgery. Hence accurate assessment is important.

 

To have missed the absence of limbs indicates that the ultrasound was either not well interpreted or done too early to give much information. The pre-natal screening was indeed inadequate.

[anon789561]

1 minute ago, KKr said:

No, I am not, figure having to read the whole forum.

And, in polite English, I said I do not want to discuss the subject whether Abortion should be allowed. Lawmakers did, and they made a decision.
If you do not like the decision, because as you stated a child has a right to live (even if it is not a life), do not use the opportunity.

(teenage) girls that got knocked up, rape victims, drug addicts, people with hereditary diseases, and people that cannot afford to raise a child and others may use the opportunity.
That is up to them, and not up to you. 

Thank you very much.

good argument and some valid points especially rape victims. but i will still say a kid has a right to live in the same way i think an adult should have the right to choose when to die.